Wp/5247/2008 Of The Agricultural Market Committee, Chintalapudi v. The Asst. Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5247 of 2008 28.10.2010 Between: The Agricultural Market Committee,Chintalapudi, rep.by its Special Grade Secretary (FAC),Chintalapudi,West Godavari District. … Petitioner And The Assistant Commissioner of Income Tax,Circle-1, Eluru,West Godavari DistrictAnd others. ... Respondents THE HON'BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.5247 of 2008 ORDER(Per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Chintalapudi, (AMC) filed theinstant writ petition assailing the notice, dated 21.02.2008, issued by theAssistant Commissioner of Income Tax, Circle-I, Eluru under Section226(3) of the Income Tax Act, 1961. By impugned notice, firstrespondent required the third respondent, namely, State Bank of India,Chintalapudi, to pay a sum of Rs.14,94,658/- held by the latter in theaccount of the petitioner AMC. This Court admitted the matter on 12.03.2008. 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)