JUDGMENT

OZA, J.:— In this petition the petitioner has challenged an order of penalty imposed against the petitioner by the Wealth-tax Officer at the rate of 1/2 per cent of the total wealth assessed for every month of default and out of seven months default, a penalty imposed was for four months equal to Rs. 6,784/-. The petitioner had sought for extension of time for three months which was granted and, thereafter filed the return four months after the period extended by the Wealth-tax Officer. This order of the Wealth-tax Officer was maintained by the Appellate Assistant Commissioner. It appears that during the pendency of the appeal before the 4th respondent the petitioner filed a writ petition in the High Court of Andhra Pradesh challenging the constitutional validity of S. 18(1)(a) of the Wealth-tax Act, 1957 as amended by the Finance Act, 1969 on the ground that it infringes Arts. 14 and 19(1)(f) of the Constitution. That petition was dismissed by the Division Bench of the Andhra Pradesh High Court on the ground that the petitioner has not exhausted the alternative remedies available to him under the Act. Thereafter the petitioner has filed the present petition challenging the provisions contained in S. 18(1)(a) on the ground that it is invalid as unconstitutional because it infringes the right of the petitioner under Arts. 14 and 19(1)(f) of the Constitution of India.

2. It is admitted on all hands that the offending provision has since been amended and no such dispute is likely to arise in future. Even during the period 1969-70 when the offending provision was there, the petition giving rise to the present appeal appears to be the sole petition wherein the provision of S. 18(1) has been challenged. The question involved in the present case is, therefore, only of an academic interest;

3. Section 18 of the Wealth-tax Act as it stood at the relevant time reads :

"Section 18. Penalty for failure to furnish returns, to comply with notices and concealment of assets, etc. - (1) If the Wealth-tax Officer: Appellate Assistant Commissioner. Commissioner or Appellate Tribunal in the course of any proceedings under this Act is satisfied that any person -

(a) has without reasonable cause failed to furnish the return which he is required to furnish under sub-sec. (1) of S. 14 or by notice given under sub-sec. (2) of S. 14 or S. 17 or has without reasonable cause failed to furnish within the time allowed and in the manner required by sub-sec. (1), of S. 14 or by such notice, as the case may be; or

(b) has without reasonable cause failed to comply with a notice under sub-sec. (2) or sub-sec. (4) of S. 16; or

(c) has concealed the particulars of any assets or furnished inaccurate particulars of any assets or debts;

he or it may, by order in writing, direct that such person shall pay by way of penalty -

(i) in the cases referred to in Cl. (a), in addition to the amount of wealth-tax, if any, payable by him, a sum, for every month during which the default continued, equal to one-half per cent of

(A) the net wealth assessed under S. 16 as reduced by the amount of net wealth on which, in accordance with the rates of wealth-tax specified in Paragraph A of Part I of the Schedule or Part II of the Schedule, the wealth-tax chargeable is nil, or

(B) the net wealth assessed under S. 17, where assessment has been made under that section, as reduced by

(1) the net wealth, if any, assessed previously under S. 16 or S. 17, or

(2) the amount of net wealth on which, in accordance with the rates of wealth-tax specified in Paragraph A of Part I of the Schedule or Part II of the Schedule. the wealth-tax chargeable is nil,

whichever is greater,

but not exceeding, in the aggregate, an amount equal to the net wealth assessed under S. 16, or as the case may be, the net wealth assessed under S. 17, as reduced in either case in the manner aforesaid;

(ii) in the cases referred to in Cl. (b), in addition to the amount of wealth-tax payable by him, a sum which shall not be less