IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND SEVEN PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI & THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO.17223 of 2007 Between: M/s.Koya & Company Construction Pvt.Ltd. Rep.by its Executive Director T.K.Saleem ..... PETITIONER AND Government of Andhra Pradesh, Rep.by its Principal Secretary, Finance (Works & Projects) Department, Secretariat Buildings, Hyderabad And 9 others .....RESPONDENTS THE HON'BLE SRI JUSTICE BILAL NAZKI & THE HON'BLE SRI JUSTICE S.ANANDA REDDY WRIT PETITION No.17223 of 2007 ORDER: (per Hon’ble Sri Justice Bilal Nazki) Heard learned counsel for the parties. With their consent, the writ petition is being disposed of at this stage. The petitioner had the grievance against Memo No.602/F8(1)/2006, dated 14.03.2007, by which, the Government had directed that 4% of the amounts be deducted, but certificates of TCS were being issued only with respect to 2.8% and only 2.8% was being remitted to the Commercial Tax Department and the Government would retain 1.2% of the amounts. The petitioner concedes that they have to pay tax at the rate of 4%, but unless this tax is remitted completely to the Commercial Tax Department, their liability before the Commercial Tax Department may remain pending. When questions of this nature came in other writ petitions, the learned Government Pleader for Finance had assured the Court that the anomaly, if any, would be removed. Accordingly, the Government had now passed another Memo being Memo No.602/F8(1)/2006-8 on 19.07.2007, by which, the anomaly has been removed and now the officers have been directed that in case of any TCS at the rate of 4%, whole of the amount shall be remitted to the Commercial Tax Department. Therefore, We do not think the grievance of the petitioner remains. The Writ Petition has become infructuous and it is accordingly, disposed of. The amounts already retained by virtue of the earlier Memo be also given credit to, or be reimbursed to the Commercial Tax Department and necessary certificate be also issued to the petitioner. _________________ BILAL NAZKI,J ___________________ S.ANANDA REDDY.J Dated:23.08.2007 Dsr Note: Issue CC in one week. B/o Dsr