TaxTMI 
TaxTMI 
2001 (1) TMI 937
X X X X Extracts X X X X
X X X X Extracts X X X X
....d. Subsequently, notice dated June 12, 2000, under section 24 of the Act was issued vide annexure P5. The basic requirement for initiating proceedings under section 24 of the Act is the existence of reason to believe that any turnover has escaped assessment or has been under-assessed or has been assessed at a rate lower than the rate at which it is assessable or that any deduction has been wrongly made from turnover. 2.. Pursuant to notice, respondents have appeared and have produced the records. Counter-affidavit has also been filed. Stand of the respondents as indicated in the counter-affidavit is that petitioner's claim of having purchased goods that had suffered first point tax is false and that is the reason for which proceedings unde....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... evidence from which material evidence could with due diligence have been discovered by the Commissioner will not necessarily amount to disclosure within the meaning of this section. (2) ................................." 4.. Though learned counsel for respondents is correct in stating that on July 10, 2000 there was some indication as to the reason which had weighed with the assessing officer for initiating proceedings under section 24 of the Act, that according to us is not sufficient. While directing initiation of proceedings under section 24 of the Act, Sales Tax Officer has to indicate as to why such action was necessary. He must at least indicate what is the basis for his prima facie conclusion about the escapement of assessment or ....