Rule 8D has been amended by the Income–tax (14th Amendment) Rules, 2016 notified vide Notification No 43/2016 dated 2nd June 2016. Clause (ii) of Rule 8D(2) dealing with indirect expenditure by way of interest has been omitted. It is also stated that the disallowance u/s 14A r.w Rule 8D cannot exceed the expenditure claimed by the assessee. The limit of 0.5% under clause (iii) has been increased to 1%. However, the 1% will apply to the annual average of the monthly averages of the opening and closing balances of the value of investments, income from which does not or shall not form part of total income. The question whether the disallowance can exceed the exempt income and whether the 1% is to be applied only to investments which have generated exempt income during the previous year has not been clarified and hence litigation on those points will continue
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