Calculation of Average Investment U/s 14A r.w rule 8D only Tax Free Investment to be Considered

For the assessment year 2008-09 the assessee  had reported a tax exempt income to the tune of  Rs. 18,26,360/- amongst other heads of income. The AO added back  Rs. 19,96,242/- under Section 14A. While doing so, the AO applied Rule 8D by taking into consideration the total quantum of interest other than that invested, under Section 14A in terms of Rule 8D, and arrived at the said figure after multiplying it with the result of the average value of investments and over average value of assets derived by him. He thus determined the disallowance of  Rs. 19,96,242/-. The CIT(Appeals) went into ...