Wp/5546/2007 Of The Agricultural Market Committee v. The Income Tax Officer, Sanga Reddy

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5546 of 2007 Dated:10.11.2010 Between: The Agricultural Market Committee,Zaheerabad, Rep.by its Secretary Grade-II. and …Petitioner The Income Tax Officer, Sanga Reddy, Medak District,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5546 of 2007 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Zaheerabad (AMC), filedthe instant writ petition assailing the notice, dated 02.03.2007, issuedby the Income Tax Officer, Sanga Reddy (ITO), under Section 226(3)of the Income Tax Act, 1961. By impugned notice, the first respondentrequired the third respondent, namely, State Bank of Hyderabad,Zaheerabad Branch, to pay a sum of Rs.44,81,596/- held by the latterin 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