On further appeal, the Tribunal held that if the assessee’s contention was true that undisclosed income was only of Rs. 1.95 crores, then the assessee ought to have retracted the statement made u/s. 132(4) of the Act, within a reasonable time and by providing the relevant necessary evidence. Having not done so, the assessee was bound by the statement of the Managing Partner and the addition of Rs. 0.55 crores as undisclosed income was correct by the lower authorities. (ITA No. 473/Coch/2016) (AY. 2011-12)
Alhind Builders v. DCIT (2018) 63 ITR 6 (SN)(Cochin) ( Trib))
S. 132(4): Search and Seizure – Statement on oath – Statement was made on oath by the Managing Partner of a firm that the income returned was less than the actual, and which was not retracted in a reasonable period of time, the addition made by the AO of the undisclosed income was sustainable. [ S.132 ]