The Tribunal held that as on the date of initiation of search the assessment for the impugned year stood completed. The AO, therefore, could have made addition in the order passed u/s 153A of the Act only on the basis of incriminating material found during the course of search. It was during the course of the assessment proceedings u/s 153A, that a questionnaire was issued and thereafter the AO became aware of the gifts received by the assessee. There was no incriminating material unearthed during the search qua such gifts. In such a scenario, no addition could have been made. Therefore, the order of the AO was not erroneous. As a result, the Tribunal held that the CIT erred in assuming jurisdiction u/s 263 of the Act. (AY. 2007-08)