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2019 (3) TMI 1266 - HC - Income TaxProceedings u/s 158BD - Firstly addition was made in case of son of assessee u/s 158BC - ITAT held in case of assessee son that this income is taxable in hand of assessee u/s 158BD - then notice u/s 158BD was issued to assessee - first instance, no objection was raised by the Assessee before the Assessing Authority regarding the necessity to record separate reasons for initiating proceedings u/s 158BD - HELD THAT:- In our opinion, the Appellate Authorities below have not committed any error in so holding. On the contrary, for not raising any objection in the first instance by the Assessee before the learned Assessing Authority itself when the Notice under Section 158BD of the Act was served upon her, it should be deemed that the mother – present Assessee - had acquiesced to the jurisdiction of the authority to proceed under Section 158BD of the Act and given up any objection with regard to the same. Appeal of the son of the present Assessee has been dealt with by the Tribunal and in those appellate proceedings under Section 158 BC of the Act only, the Tribunal found that for the transaction in question for sale of property which was standing in the name of the present assessee, namely, mother- Smt.V.Vijayalakshmi, AO could have initiated proceedings only under Section 158BD of the Act. That being so, we have found, as aforesaid, that the Assessing Officer could proceed on the basis of that satisfaction under Section 158BD of the Act. Hence, the learned Tribunal and also the CIT (A) have rightly dismissed the appeal of the present Assessee, laying a challenge to the proceedings under Section 158BD of the Act against the present Assessee. - Decided against assessee.
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