Wp/28628/2007 Of The Agricultural Market Committee v. The Commissioner Of Income Tax (Appeals-Iv)

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28628 of 2007 Dated:10.11.2010 Between: The Agricultural Market Committee,Mahabubnagar, Mahabubnagar District, Rep.by its SelectionGrade Secretary. and …Petitioner The Commissioner of Income Tax (Appeals-IV), Aayakar Bhavan, Iird floor, Basheerbagh,Hyderabad,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28628 of 2007 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Mahabubnagar (AMC), filedthe instant writ petition assailing the notice, dated 09.03.2007, issuedby the Income Tax Officer, Mahabubnagar (ITO) under Section 226(3)of the Income Tax Act, 1961. By impugned notice, the secondrespondent required the third respondent, namely, State Bank ofHyderabad, Mahabubnagar, to pay a sum of Rs.34,43,403/- held bythe latter in the account of the petitioner AMC. This Court admitted the matter on 28.01.2008. 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 the Standing Counsel.The writ petition is accordingly dismissed as infructuous. No costs. _______________(V.V.S.RAO, J) 10.11.2010vs _____________________________(RAMESH RANGANATHAN, J)