K. SAMPATH, J.

The petitioner prays for a declaration that the provisions of ss. 234B and 234C of the IT Act, 1961 are unconstitutional, arbitrary, null and void.

2. The allegations necessary for the disposal of the writ petition are as follows.

The petitioner company is liable to pay income-tax on the profit it makes from conducting a market and running a lodge. Under s. 207 of the IT Act, 1961 (hereinafter referred to as the Act), every assessee is liable to pay advance tax in accordance with ss. 207 to 219. Before 1st April, 1988 computation of advance tax excluded from the purview of the current income, capital gains and lotteries. However, by Direct Tax (Amendment) Act, 1987 made applicable from 1st April, 1988 both these items were included in the computation of the current income for the purpose of payment of advance tax. There was a further amendment in 1989 coming into force on and from 1st April, 1989 and a summary of the provisions relating to advance tax and the penal consequences that might result in case of default is as follows.

If the tax payable is more than Rs. 1, 500 on current income, assessees are liable to pay advance tax under s. 209 as provided for.