IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   ITA 1240/2011  
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 CIT             ..... Appellant 
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 Through: Mr. Kiran Babu, Sr. Standing Counsel 
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 versus 
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 SUNSTAR OVERSEAS LTD  ..... Respondent 
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 Through: None 
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 CORAM: 
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 HON'BLE MR. JUSTICE SANJIV KHANNA 
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 HON'BLE MR. JUSTICE R.V.EASWAR 
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 O R D E R 
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              29.11.2011 
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 We are not inclined to issue notice on this appeal as the issue is 
 already covered against the Revenue by a decision of this Court dated 
 18th November, 2011 in the case of  Maxopp Investment Ltd. v. CIT, New 
 Delhi in ITA No.687/2009, inter alia holding that Rule 8D is not 
 retrospective.  However, in the said decision it has been directed that 
 the expenses both direct and indirect relating to the exempt income 
 should be computed and disallowed.  In the present case, the Tribunal has 
 directed as under:- 
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 ?Considering the facts of the case and the submissions made before us, we 
 think it fit to restore the matter to the file of the AO to recompute the 
 disallowance on the basis of the decision in the case of Godrej and Boyce 
 Manufacturing Co. Ltd. (supra).  It may be emphasized that Rule 8D is not 
 applicable to the proceedings of this year.  It may also be mentioned 
 that in case any other decision of the High Court including Hon?ble Delhi 
 High Court is received before passing the order of the AO, the same shall 
 also be taken into account by him.  In other words, this ground shall be 
 adjudicated again as per law after hearing the assessee.  Thus, this 
 ground is treated as allowed for statistical purposes.? 
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 The Assessing Officer while implementing the directions issued by 
 the Tribunal shall keep the decision of the Delhi High Court in mind. 
 Liberty is granted to the parties to file an application in this appeal, 
 if there is any difficulty in implementation. 
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 The appeal is disposed of. 
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 SANJIV KHANNA, J 
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 R.V.EASWAR, J 
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 NOVEMBER 29, 2011 
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 mm 
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 56 
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