- (1.) In this special leave petition, the key question which arose for determination before the Authorities below was, whether the assessee-Company and it's service provider [GSKCH] are related Companies in terms of Section 40A(2) of the Income-Tax Act, 1961 If the answer to the said question was to be in the affirmative, then the next question on merits which arose for determination was, whether allocation of cross-charges by the assessee was the correct test applied by the assessee In other words, whether allocation of cross-charges should be allowed or disallowed by the Department
(2.) The Authorities below have recorded a concurrent finding that the said two Companies are not related Companies under the said section. Being aggrieved by the said decision, the matter has come to this Court by way of special leave petition filed at the instance of the Department. In this special leave petition, we are concerned with Assessment Year 2001-2002.
(3.) Having gone through the relevant material placed before us concerning Assessment Year 2001- 2002, we are of the view that, as far as this special leave petition is concerned, no interference is called for as the entire exercise is a revenue neutral exercise. Hence, this special leave petition filed by the Department stands dismissed.;