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TMI Blog2015 (8) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... er Tribunal was justified in holding that the provisions of Sec. 37(3A) are not applicable to the expenses incurred on repairs and taxes of Motor Cars? - Held that:- It is an undisputed position that the disputed claim in the appeal is valued at ₹ 9.88 lacs therefore follows that the tax effect in the present appeal is less than ₹ 10 lacs. This Court in CIT Vs. Vijaya Kavekar [2013 (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2001 for the Assessment Year 1985-86. 2. The appeal was admitted on 23 April 2004 on the following substantial questions of law: (A) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in directing the Assessing Officer to allow depreciation and investment allowance on the plant and machinery when the Assessee had not carried out any manufacturing act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circular/instruction issued by CBDT would apply to pending appeals. 5. The CBDT has now issued Instruction No.5/2014 wherein it has also been specifically provided that where the tax effect is less than ₹ 10 lacs, the revenue should not file appeal unless it falls within exclusion clause provided therein. Nothing has been shown to us to indicate that the issue arising in the present appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd investment allowance would have to be considered independently in each assessment year depending upon the facts existing during the year under consideration. So far as Question (B) is concerned, it is in respect of disallowance of expenses incurred on repairs and taxes in respect of motor cars. This again would depend on facts as existing from year to year and the not answering the question wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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