( 1 ) THE learned judge set out the statement of the case which ran as follows] - The assessee is a public limited company which owns tea. Coffee and rubber plantations. The assessee further manufactures plastic bags and polythene pipes that are used for spraying, etc. The assessment year is 1966-67 for which the corresponding account year is the year ended March 31, 1966.

( 2 ) THE assessee claimed a deduction of an amount equal to 8% of the profits which were attributable in respect of an activity mentioned in The 5th Schedule to section 80e of the income-tax Act.

( 3 ) THE profits attributable to the business of tea plantation amounted to Rs. 1,18,214. On this amount the assessee claimed a deduction equal to 8%. The relief claimed by the assessee worked out to Rs. 9,457. As against this the Income-tax Officer, however, allowed only a sum of Rs. 5,608. The relief as claimed by the assessee and the relief admissible as per Income-tax Officer is as unde :

Item Appellant's Working Rs . Tea income liable to charge 1,18,214 Les : Relief under section 80e @ 8% ?? 9,457 1,08,757 Les : Loss in plastic business ? 48,105 ? 60,652

The Income-tax officer