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2015 (8) TMI 767 - HC - Income TaxDepreciation and investment allowance on the plant and machinery - Whether the Tribunal justified directing AO to allow allowances when the Assessee had not carried out any manufacturing activity during the previous year relevant to the Assessment Year 1985-86? - whether 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) TMI 451 - Bombay High Court] while dealing with appeals filed by the revenue dismissed a pending appeal having low tax effect i.e. less than ₹ 10 lacs by pacing reliance upon Central Board of Direct Taxes (the 'CBDT') Instruction NO.3/2011. This Court held that the circular/instruction issued by CBDT would apply to pending appeals. The questions which arise for our consideration in the present appeal would not give rise to any cascading effect - Decided against revenue
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