Wp/5545/2007 Of The Agricultural Market Committee, Hyderabad Represented v. The Income Tax Officer, Ward-5(1), Posseneti Bhavan

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5545 of 2007 Dated:10.11.2010 Between: The Agricultural Market Committee,Hyderabad, Rep.by its Selection Grade Secretary. and …Petitioner The Income Tax Officer,Ward No.5(1), Posseneti Bhavan,Tilak Road, Hyderabad,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5545 of 2007 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Hyderabad (AMC), filed theinstant writ petition assailing the notice, dated 13.02.2007, issued bythe Income Tax Officer, Ward No.5(1), Hyderabad (ITO) under Section226(3) of the Income Tax Act, 1961. By impugned notice, the firstrespondent required the third respondent, namely, State Bank ofHyderabad, Hyderabad, to pay a sum of Rs.2,32,25,880/- held by thelatter in the account of the petitioner AMC. This Court admitted the matter on 16.04.2007. 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