Wp/5056/2009 Of The Agricultural Market Committee v. The Income Tax Officer

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5056 of 2009 Dated:10.11.2010 Between: The Agricultural Market Committee,Khanapur, Adilabad District,Rep.by its Secretary. and …Petitioner The Income Tax Officer,Ward No.1, Nirmal, Adilabad District,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5056 of 2009 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Khanapur, Adilabad (AMC),filed the instant writ petition assailing the notice issued by the IncomeTax Officer, Ward No.1, Nirmal (ITO) under Section 226(3) of theIncome Tax Act, 1961. By impugned notice, the first respondentrequired the fifth respondent, namely, State Bank of Hyderabad,Khanapur, to pay a sum of Rs.19,77,895/- held by the latter in theaccount of the petitioner AMC. When the matter is taken up for hearing, the Standing Counselfor 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