Section 153A additions to completed assessments require incriminating material found during search; absent it, additions fail.

Section 153A does not permit additions to completed or unabated assessments unless incriminating material is found during search. Where the relevant assessment years had attained finality and were not pending on the date of search, and no such material was discovered, the additions could not be sustained. The fact that some assessments were processed under section 143(1) and others under section 143(3) did not change the position, and the pendency of an SLP against an earlier decision did not justify departing from binding jurisdictional precedent. The Revenue's challenge therefore failed.

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Issues: Whether additions could be made under section 153A of the Income-tax Act in respect of completed or unabated assessments when no incriminating material was found during search.

Analysis: The assessments for the relevant years had attained finality and were not pending on the date of search. No incriminating material was found during the search to support the additions. The settled position, as affirmed by binding precedent and the Supreme Court, is that section 153A does not permit disturbance of completed assessments in the absence of incriminating material. The mere fact that some assessments were framed under section 143(1) and others under section 143(3) did not alter the legal position, and the pendency of an SLP against an earlier High Court decision did not justify departure from binding jurisdictional law.

Conclusion: The additions were not sustainable under section 153A and the Revenue's challenge failed.

Ratio Decidendi: In respect of completed or unabated assessments, no addition can be made under section 153A in the absence of incriminating material found during search.

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