THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.13098 of 2009 Dated:31.08.2010 Between: M/s. Mali Florex Limited, A Public Limited Company, having its office at 8-2-411, Lumbini Rock Castle, Apt # Gf6, Road No.6, Banajara Hills, Hyderabad – 36, rep., by its Managing Director Mr. S. Narayana Reddy, S/o.Late Hanumanth Reddy, Aged: 38 years, R/o.8-2-411, Lumbini Rock Castle, Apt # Gf6, Road No.6, Banjara Hills, Hyderabad – 36 And another .. Petitioner And Assistant Commissioner of Income Tax, Central Circle 6, 7th Avenue, Ayakar Bhavan, Bhasheerbagh, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.13098 of 2009 ORDER: (per Hon’ble Sri Justice V.V.S. Rao) The Writ Petition is filed seeking a direction to the respondents to credit a sum of Rs.2.30 crores paid by the State Bank of Hyderabad to the Commissioner of Income Tax, (Central Circle) towards tax liability for the assessment year 2008-09. Be it noted, the said amount was the subject matter of an order under Section 132(3) of the Income Tax Act, 1961 (hereafter called as the Act). This Court ordered notice to the respondents. When the matter is called today, the Senior Standing Counsel for Income Tax submits that the amount of Rs.2.30 crores lying in the Public Deposit account was adjusted in the regular account for the year 2008-09. In view of the same, learned counsel for the petitioner does not press the writ petition and seeks permission to withdraw the Writ Petition with liberty to agitate the question of levy of interest under Section 234(b) and (c) of the Act, especially with reference to the time of adjustment of the amount. Giving liberty to do so, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. _____________ V.V.S. RAO, J ____________________________ RAMESH RANGANATHAN, J 31.08.2010 KH