In the result, appeal of the assessee is allowed
Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09
section 271(1)(c)." 5.12 Same view has been taken by the ITAT Indore wherein on similar facts regarding the claim of deduction ix] s 36(1)(viia) cancellation of penalty was upheld in the case of ACIT v / s Indore Premier Cooperative Bank in dated 06.10.2015. 5.13 In view of the above discussion the levy of penalty