1. Pursuant to the orders of this Court in O. P. Nos. 4404, 4406 and 4444 of 1977, the following question has been referred to us by the Income-tax Appellate Tribunal, Cochin Bench:

"Whether on the facts and in the circumstances of the case the tea bushes cannot be characterised as 'growing crops'?"

The assessee is a partner of a firm owning tea estates. He is assessed as an individual in respect of his one half share. For the assessment years 1970-71,1971-72 and 1972-73, the assessee filed returns under the Wealth-tax Act, 1957 showing his net wealth after claiming certain exemptions. One of the items claimed as exemption was in respect of growing crops as provided under S.5(1)(viiia) as it stood at the relevant time. The exemption was claimed for the total value of the buds and leaves plucked from the tea bushes. The Income-tax Officer however accepted the claim only to the extent of 20 per cent. In refusing the claim in respect of the other 80 per cent, the Officer followed an earlier decision of the Tribunal in WTA.Nos. 73, 74 and 75/Coch/ 1974-75 (Annexure E). Aggrieved by this order, the assessee appealed to the Appellate Assistant Commissioner, but without success.