← All Phrases

“FAR analysis”

Transfer PricingSection 92CSection 92C371 judgments

The decision most relied on for FAR analysis is UCB India (P) Limited v. ACIT (121 ITD 131), cited in 70 judgments on BharatTax.

Leading authorities on FAR analysis

UCB India (P) Limited v. ACIT
121 ITD 131 · 2009 · ITAT
70
citing judgments

For transfer pricing purposes, distinct international transactions, such as royalty payments and manufacturing, should be benchmarked separately rather than aggregated. The selection of comparables must be based on a thorough Functions, Assets, and Risks (FAR) analysis, and loss-making entities are not automatically excluded if they satisfy other comparability criteria.

Genesis Integrating Systems India Pvt Ltd. v. DCIT
53 SOT 159 · 2012 · ITAT
57
citing judgments

Companies with significantly different turnovers (e.g., one above Rs. 200 crores and another below) cannot be considered comparable in transfer pricing analysis. Turnover is a relevant factor in assessing comparability.

DCIT v. Electronics for Imaging India P. Ltd.
70 Taxmann.com 299 · 2016 · ITAT
51
citing judgments

For transfer pricing purposes, companies engaged in functionally different activities, such as payroll processing versus software development, are not comparable and must be excluded from the list of comparables.

Dy. DIT (IT) v. Set Satellite (Singapore) Pte. Ltd.
106 ITD 175 · 2007 · ITAT
50
citing judgments

For computing profits of a dependent agency permanent establishment (DAPE), the 'two taxpayer approach' is upheld. A hypothetical DAPE is visualized based on the General Enterprise's functions performed, assets used, and risks assumed, given the absence of a physical establishment.

Commissioner of Income Tax v. Merck Ltd.
389 ITR 70 · 2016 · High Court
48
citing judgments

Ad-hoc transfer pricing adjustments are not justified if the Transfer Pricing Officer fails to apply one of the prescribed methods under Section 92C. The arm's length nature of international transactions, including intra-group services and management fees, should be determined through a detailed FAR analysis and benchmarking study.

Chryscapital Investment Advisors India Pvt.Ltd. v. DCIT
82 Taxmann.com 167 · 2017 · High Court
38
citing judgments

A company that is otherwise comparable on a functional and comparability analysis (FAR analysis) cannot be excluded solely based on high turnover; the effect of such high turnover on the margin must be considered.

SwissRe Global Business Solutions India (P.) Ltd. v. Dy. CIT
116 Taxmann.com 716 · 2020 · Reported
13
citing judgments

Working capital adjustment is an accepted adjustment provided for better comparability in transfer pricing. The Tribunal has held that working capital adjustment is necessary for better comparability.

Judgments citing FAR analysis

Asia Today Ltd, Mumbai vs. ADIT (It) 2(2), Mumbai

In the result, Assessee's appeal is allowed

ITA 1403/MUM/2008[2004-2005]Status: DisposedITAT Mumbai24 Dec 2025AY 2004-2005

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2004-05 M/S. Asia Today Limited, Asst. Director Of Income C/O. Zee Entertainment Enterprises Tax (International Ltd., Vs. Taxation)-2(2), 135, Dr. Annie Besant Road, Scindia House, Worli, Mumbai – 400 018 Bellard Estate, Pan: Aabca0249F Mumbai - 400039 (Appellant) (Respondent) Present For: Assessee By : Shri Niraj Sheth, Ld. A.R. Revenue By : Shri Krishna Kumar, Ld. Sr. D.R. Date Of Hearing : 10.10.2025 Date Of Pronouncement : 24.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 25.01.2007, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2004-05. 2. The Relevant Facts For Adjudication Of This Appeal Are As Under: The Assessee, Being A Foreign Telecasting Company Incorporated In Mauritius & Having Tax Residency Certificate Of Mauritius , During The Ay Under Consideration Was Engaged In The Production & Acquiring Rights Of Various Television Films Including Feature Films, As A Copy Right Owner/Holder Of Various Hindi Feature Films Produced & Censored In India, As Mentioned In Schedule ‘C’ Annexed With The ‘Agreement Of 2 M/S Asia Today Ltd. Vs Asst. Dit (Int. Taxation)-2(2)

For Appellant: Shri Niraj Sheth, Ld. A.RFor Respondent: Shri Krishna Kumar, Ld. Sr. D.R
Section 250Section 9(1)(vi)

factors. 3.5.3 The assessee submits that all its activities have been carried out outside India and has also done an FAR analysis to substantiate the same. However, as discussed in preceding paragraphs, it is evident that majority of functions are undertaken in India and further risks are also taken

Spectris Technologies Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purpose with above observations

ITA 3563/DEL/2014[2008-09]Status: DisposedITAT Delhi17 Dec 2025AY 2008-09

Bench: Shri C.N. Prasad & Shri Naveen Chandra[Assessment Year: 2008-09] Spectris Technologies Pvt. Vs. Acit Ltd., 201-B, Second Floor, New Delhi Park Centra, Sector -30 Gurgaon Pan No. Aagcs6654R Appellant Respondent Assessee By Sh. Tarandeep Singh, Advocate Revenue By Ms. Priya Goel, Sr. Dr Date Of Hearing 10.10.2025 Date Of Pronouncement 17.12.2025 Order Per C.N. Prasad, Jm, This Appeal Is Filed By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Appeals) -20, New Delhi Vide Order Dated 27.03.2014 For The A.Y. 2008-09. The Assessee Has Raised Following Grounds :- 1. That On The Facts & Circumstances Of The Case & In Law, The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)-Xx, New Delhi ("Cit(A)") Is Bad In Law.

Section 234BSection 92Section 92C

assessee in this regard have been considered in detail. To understand the business of the assessee, it is once again essential to examine the FAR analysis of the assessee in a shopwise manner. Functions performed i) The AE of the assessee Spectris PLC itself and through group companies develops ... bome by Spectris India with respect to both businesses Foreign Exchange risk: the assessee bears forieng exchange risk in both segments 7.1.5 The above FAR analysis of functions performed, assets utilized and risks assumed demonstrates that the AMC business is nothing but part of the overall business of the assessee