M/S MYSORE MINERALS LTD vs. THE ASSISTANT COMMISSIONER

- 1 - WP.No.10516/2012 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE H.G.RAMESH W.P.No.10516/2012 (T-IT) BETWEEN : M/S. MYSORE MINERALS LTD. NO.39, M.G.ROAD BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR SRI. N.SRIRAMAN AGED ABOUT 59 YEARS S/O LATE K.R.NARAIN … PETITIONER (BY SRI. CHYTHANYA K K, ADVOCATE) AND : 1 THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-12(1), NO.14/3 R.P.BHAVAN, NRUPATHUNGA ROAD BANGALORE-560001

2 THE BRANCH MANAGER CANARA BANK, TOWNHALL BRANCH # 51, STOCK EXCHANGE TOWERS J.C.ROAD, 1ST CROSS BANGALORE-560 027 3 THE BRANCH MANAGER INDIAN BANK # 110, UNITED MANSION M.G.ROAD, BANGALORE-560001

4 THE BRANCH MANAGER STATE BANK OF MYSORE

- 2 - WP.No.10516/2012 CORPORATE ACCOUNTS BRANCH MIDFORD GARDEN, NO.18 M.G.ROAD, BANGALORE-560 001 … RESPONDENTS (BY SRI. E.R.INDRA KUMAR, SR. COUNSEL FOR SRI. SANMATHI INDIRA KUMAR, ADV. FOR R1;

SRI. A. KESHAVA BHAT, ADV. FOR R3; SRI. VARDARAJ R HAVALDHAR, ADV. FOR R4; R2 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AS FAR AS THE PETITIONER IS CONCERNED BY AN APPROPRIATE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR OTHERWISE THE IMPUGNED NOTICE DATED 27.3.2011 ISSUED BY FIRST RESPONDENT TO SECOND RESPONDENT, ENCLOSED IN ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRL. HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R

H.G.RAMESH, J. (Oral): Heard. Sri E.R.Indra Kumar, learned Senior Counsel appearing for respondent No.1 submits that the four attachment notices dated 27.03.2011 at Annexures-A to D issued by respondent no.1 under Section 226(3) of the Income Tax Act, 1961 are presently not in force as the amount due has been recovered. In other words, they have ceased to be in force.

- 3 - WP.No.10516/2012 2. Sri Chythanya K.K., learned counsel for the petitioner submits that the said submission may be placed on record and the writ petition may accordingly be disposed of. 3. In view of the submission made by the learned Senior Counsel for respondent no.1, it is declared that the aforesaid attachment notices at Annexures-A to D have ceased to be in force. Petition disposed of. Sd/- JUDGE hkh/ata.