No concealment penalty for inadmissible sec. 80-IB claim if relevant facts for computation of income

IT : Where assessee, an EOU, having claimed deduction under section 80-IB for first time in return of income, withdrew said claim during course of appellate proceedings, in view of fact that all material and relevant facts to computation of total income were duly furnished by assessee, deeming fiction to Explanation 1 to section 271(1)(c) was not applicable to assessee's case and, thus, impugned penalty order passed by revenue authorities taking a view that assessee had raised a false claim for