Rule 8D is not retrospective & applicable from AY 2008-09 onwards

Hero Motocorp Ltd. Vs ACIT (ITAT Delhi)

In the present year, the Assessing Officer has made disallowance under section 14A by invoking provisions of Rule 8D of the Income Tax Rules, 1962. Since Rule 8D is not retrospective, the same is not applicable in the present assessment year and accordingly, we hold that the assessing order erred in invoking the provisions of Rule 8D of the Rules. We find that the assessee had been consistently following a method of disallowance in the succeeding years commencing from AY 2006-07 onward

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