JUDGMENT

Thomas, J.-Appellants in these appeals were liable to penalty under section 18 of the Wealth Tax Act, 1957, (for short the Act ), for failure to file the returns in respect of the assessment years 1970-71, 1971-72, 1972-73, 1973-74, 1974-75 and 1975-76. When Parliament amended the Act and incorporated Section 18-B by Taxation Laws (Amendment Act 1975) i.e. Act 41 of 1975, appellants in these cases submitted wealth tax returns and made a request for full waiver of the penalty as envisaged in the new provision. The Commissioner of Wealth Tax (the Commissioner for short) found that as the appellants have complied with the conditions stipulated in Section 18-B of the Act they are entitled to the benefit of the new provision. However, keeping in view the facts and circumstances of the case, the Commissioner, instead of granting waiver for the full penalty had only reduced it to 5% for the relevant assessment years. Appellants submitted that once a person is found to be entitled to the benefits of the new provision of Section 18B of the Act, the Commissioner should have waived the entire amount of penalty payable by that person concerned. So saying they approached the High Cou