S.271(1)( c ): Penalty — Concealment- Allocation of common expenses – Not a case of filing of inaccurate particulars or concealment of income- Penalty cannot be imposed .

Allowing the appeal of the assesse the Tribunal held that; Allocation of common expenses is not a case of filing of inaccurate particulars or concealment of income. If the Assessing Officer took a view contrary to that expressed by the assessee, it did not per se mean that the assessee had adopted an illegal device for reducing its tax liability. Merely because the assessee had claimed a deduction which was not acceptable to the Department, that by itself would not attract the penalty.( AY.2005 -06)