these, the Department has conducted search on the business as well as the residential premises of the assessee and could not co-relate this investment with any income and moreover could not find out as to how this investment of Rs.18,50,000/- was made by the assessee instead of his mother. The sale deed is a registered document and the ownership of the property is in the name of Smt.V.Vijayalakshmi and moreover she is assessed to tax since 1991-92. Here, we do not dispute as to whether the investment in the property is Rs.18,50,000/- or Rs.4,60,000/but the vital question to be decided is as to whether the property belongs to the assessee or to his mother, Smt.V.Vijayalakshmi. During the search proceedings, document relating to third party, namely, the mother of the assessee, Smt.V.Vijayalakshmi was found and the right course for the Assessing Officer should have been to initiate action under Sec.158BD of the Act and not in assessing the value of the property or on money payment in assessee's hand. Where in the case of third party, whose assets are found in search, cases or whose books of account or other documents evidencing detention of addition are found therein, then, they are liable to be proceeded against under Sec.158BD of the Act. In the present case also, the Assessing Officer should have initiated action under Sec.158BD of the
