Wp/4992/2009 Of The Agricultural Market Committee, Echoda v. The Income Tax Officer, Ward

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.4992 of 2009 Dated:10.11.2010 Between: The Agricultural Market Committee,Echoda, Adilabad District,Rep.by its Secretary. and …Petitioner The Income Tax Officer,Ward No.1, Adilabad District,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.4992 of 2009 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Echoda, Adilabad (AMC),filed the instant writ petition assailing the notice, dated 27.02.2009,issued by the Income Tax Officer, Ward No.1, Adilabad (ITO) underSection 226(3) of the Income Tax Act, 1961. By impugned notice, thefirst respondent required the third respondent, namely, DistrictTreasury Office, Adilabad, to pay a sum of Rs.49,71,957/- held by thelatter in the account of the petitioner AMC. This Court admitted the matter on 01.04.2010. 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