Wp/3511/2008 Of The Agricultural Market Committee v. The Income Tax Officer

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.3511 of 2008 28.10.2010 Between: The Agricultural Market Committee,Kothapeta, rep.by its Selection Grade Secretary,East Godavari District. … Petitioner And The Income Tax Officer,Ward No.2, Amalapuram,East Godavari DistrictAnd others. ... Respondents THE HON'BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.3511 of 2008 ORDER(Per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Kothapeta, (AMC) filed theinstant writ petition assailing the notice, dated 13.02.2008, issued by theIncome Tax Officer (ITO), Ward-1, Amalapuram, under Section 226(3) ofthe Income Tax Act, 1961. By impugned notice, first respondent requiredthe third respondent, namely, State Bank of India, Kothapeta, to pay asum of Rs.1,46,51,189/- held by the latter in the account of the petitionerAMC. This Court admitted the matter on 21.02.2008. When the matter istaken up for hearing, the standing counsel for AMC Sri K.Madhava Reddy submits that impugned notice has beenwithdrawn by the ITO after the petitioner AMC paid some amount to theITO. He also submits that pursuant to the orders of the learned IncomeTax Appellate Tribunal, the said amount has been refunded. The causeof action, therefore, does not survive as rightly pointed out by learnedstanding counsel. The writ petition is accordingly dismissed as infructuous. No costs. _______________ (V.V.S.RAO, J) 28.10.2010pln ______________________________ (RAMESH RANGANATHAN, J)