Wp/4059/2008 Of The Agricultural Market Committee, Naidupet v. The Income Tax Officer

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.4059 of 2008 28.10.2010 Between:The Agricultural Market Committee,Naidupet, rep.by its Secretary (FAC),Naidupet, Nellore District. … Petitioner And The Income Tax Officer,Ward No.1, Gudur,Nellore DistrictAnd others. ... Respondents THE HON'BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.4059 of 2008 ORDER(Per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Naidupet, (AMC) filed theinstant writ petition assailing the notice, dated 14.02.2008, issued by theIncome Tax Officer (ITO), Ward-1, Gudur, under Section 226(3) of theIncome Tax Act, 1961. By impugned notice, first respondent required thethird respondent, namely, Sub Treasury Officer, Naidupet, to pay a sumof Rs.9,25,077/- held by the latter in the account of the petitioner AMC. This Court admitted the matter on 27.02.2008. 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. The cause of action, therefore, does not survive as rightly pointedout by learned standing counsel. The writ petition is accordingly dismissed as infructuous. No costs. 28.10.2010pln _______________ (V.V.S.RAO, J) ______________________________(RAMESH RANGANATHAN, J)