Completed assessment protection under section 153A requires incriminating search material; post-search enquiry alone is insufficient.

A concluded assessment that had attained finality under section 143(3) could not be disturbed under section 153A in the absence of incriminating material found during search. The addition was based on post-search enquiry and statements recorded after the search, but no seized material showed undisclosed investment or on-money payment. The settled principle applied is that completed assessments may be interfered with only on the basis of material unearthed during search, or material having a nexus with such seized material; post-search enquiry material alone is insufficient to sustain the addition.

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Issues: Whether, in respect of a concluded assessment, an addition under section 153A could be sustained in the absence of incriminating material found during search.

Analysis: The assessment year in question was not pending on the date of search and had attained finality under section 143(3). The addition was made on the basis of information received during enquiry and statements recorded after the search, but no incriminating material was found or seized during the search to show undisclosed investment or on-money payment. The settled position applied was that completed assessments under section 153A can be interfered with only on the basis of material unearthed in the search or material having a nexus with such seized material; post-search enquiry material, by itself, does not justify disturbance of a concluded assessment.

Conclusion: The addition was held to be unsustainable in law and the additional ground was allowed.

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