M/S.Sri Lakshmi Venkateswara Developers v. Commissioner Of I.T,Rajahmundry,Andanot
* HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN + Writ Petition No.18119 of 2015 % Date: 28-11-2018 # M/s Sri Lakshmi Venkateswara Developers, Yamunothri Towers, ASR Nagar, Bhimavaram, West Godavari District, Andhra Pradesh, Rep. by its Managing Partner P.Srinivasa Raju ... Petitioner Vs.
$ 1. Commissioner of Income Tax - Rajahmundry, 1st Floor, Annexue Building, Aayakar Bhavan, Veerabhadrapuram, Rajahmundry-533 105
2. Income Tax Officer, Ward-2, Income Tax Office, Sivaraopet, Bhimavaram-534 201, West Godavari Dist., A.P.
... Respondents ! Counsel for Petitioner:
Mr. K.Vasantkumar Counsel for Respondents: Mr. J.V. Prasad, Standing Counsel < Gist:
> Head Note:
? Cases referred:
Nil.
HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.18119 of 2015 Order: (per V.Ramasubramanian, J.) The petitioner came up with the above writ petition challenging a notice issued under Section 281B of the Income Tax Act, 1961, by which the provisional attachment of the stock-in-trade, was made.
2. Heard Mr. K.Vasantkumar, learned counsel for the petitioner.
3. Pursuant to an interim order passed on 03-9-2015, the petitioner deposited a sum of Rs.10 lakhs and got the goods released.
4. Now during the pendency of the writ petition, the assessment has been completed, all the dues have been cleared and there is no occasion to continue the order of attachment. Hence, nothing survives in this writ petition. Therefore, it is closed. Since the petitioner deposited with the respondents a sum of Rs.10,00,000/- (Rupees ten lakhs only) in the form of a Fixed Deposit Receipt pursuant to the interim order, the respondents shall return the amount together with the interest accrued if any from the Bank, within a period of two weeks from the date of receipt of a copy of this order. Pending applications, if any, shall stand closed. No costs.
___________________________ V.RAMASUBRAMANIAN, J.
_______________ J.UMA DEVI, J.
28th November, 2018.
Note:- Issue C.C. by tomorrow.
(B/o) Ak
HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.18119 of 2015 (per VRS, J.) 28th November, 2018.
(Ak)