Wp/4488/2008 Of The Agricultural Market Committee, Kotabommali v. The Income Tax Officer, Ward

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.4488 of 2008 28.10.2010 Between: The Agricultural Market Committee,Kotabommali, rep.by its Secretary,Kotabommali, Srikakulam District. … Petitioner And The Income Tax Officer,Ward-2, Srikakulam,Srikakulam DistrictAnd others. ... Respondents THE HON'BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.4488 of 2008 ORDER(Per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Kotabommali, (AMC) filedthe instant writ petition assailing the notice, dated 19.02.2008, issued bythe Income Tax Officer, Ward No.2, Srikakulam (ITO) under Section226(3) of the Income Tax Act, 1961. By impugned notice, firstrespondent required the fourth respondent, namely, State Bank of India,Kotabommali, to pay a sum of Rs.32,32,053/- for the assessment year2003-2004 and Rs.32,49,458/- for the assessment year 2004-2005, heldby the latter in the account of the petitioner AMC. This Court admitted the matter on 03.03.2008. When the matter istaken up for hearing, the standing counsel for AMC Sri K.Madhava Reddy submits that impugned notice has beenwithdrawn by the Assistant Commissioner of Income Tax after thepetitioner AMC paid some amount. He also submits that pursuant to theorders of the learned Income Tax Appellate Tribunal, the said amounthas been refunded. The cause of action, therefore, does not survive as rightly pointed out by learned standing counsel. The writ petition is accordingly dismissed as infructuous. No costs. _______________ (V.V.S.RAO, J) 28.10.2010pln ______________________________ (RAMESH RANGANATHAN, J)