Wp/26111/2007 Of The Agricultural Market Committee, Choutuppal v. The Commissioner Of Income Tax (Appeals) Vi

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26111 of 2007 Dated:10.11.2010 Between: The Agricultural Market Committee,Choutuppal, Nalgonda District, Rep.by its Secretary. and …Petitioner The Commissioner of Income Tax (Appeals) VI,Aayakar Bhavan, IIIrd floor, Basheerbagh, Hyderabad,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26111 of 2007 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Choutuppal (AMC), filed theinstant writ petition assailing the notice, dated 13.11.2007, issued bythe Income Tax Officer, Suryapet (ITO) under Section 226(3) of theIncome Tax Act, 1961. By impugned notice, the second respondentrequired the third respondent, namely, State Bank of Hyderabad,Choutuppal, to pay a sum of Rs.10,14,262/- held by the latter in theaccount of the petitioner AMC. This Court admitted the matter on 07.12.2007. When the matteris taken up for hearing, the Standing Counsel for AMC Sri K.Upender Reddy submits that impugned notice has beenwithdrawn by the ITO after the petitioner AMC paid some amount. Healso submits that pursuant to the orders of the learned Income TaxAppellate Tribunal, the said amount has been refunded. The cause ofaction, therefore, does not survive as rightly pointed out by theStanding Counsel. The writ petition is accordingly dismissed as infructuous. No costs. _______________(V.V.S.RAO, J)_____________________________(RAMESH RANGANATHAN, J)10.11.2010vs