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“benchmarking analysis”

Transfer PricingSection 92CSection 92C560 judgments

The decision most relied on for benchmarking analysis is DCIT v. Quark Systems (P.) Ltd. (38 SOT 307), cited in 179 judgments on BharatTax.

Leading authorities on benchmarking analysis

DCIT v. Quark Systems (P.) Ltd.
38 SOT 307 · 2010 · ITAT
179
citing judgments

An assessee is not estopped or precluded from seeking the exclusion of a company from its Transfer Pricing study comparables, even if initially selected, if it can demonstrate valid reasons for non-comparability.

Sony India (P) Ltd. v. DCIT
114 ITD 448 · 2008 · ITAT
131
citing judgments

For transfer pricing purposes, functionally dissimilar entities that have significant business differences must be excluded from the list of comparables for benchmarking analysis. It also provides guidance on the non-allocation of advertisement, marketing, and promotion (AMP) expenses to other entities when incurred solely for the assessee's business.

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

Aztec Software & Technologies Services Ltd. v. Asstt. CIT
107 ITD 141 · 2007 · ITAT
90
citing judgments

OECD Transfer Pricing Guidelines can be referred to for resolving transfer pricing disputes in India, even though India is not an OECD member, provided they are consistent with Indian statutory regulations. Availability of exemption under Section 10A does not bar the applicability of Section 92C and 92CA.

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.

Ranbaxy Laboratories Ltd. v. ACIT
68 Taxmann.com 322 · 2016 · High Court
55
citing judgments

When benchmarking export transactions, the Associated Enterprise (AE) can be considered the tested party if it possesses the least complex functional analysis. The Assessing Officer's acceptance of a methodology in prior years can also support its use.

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.

Dresser-Rand India (P.) Ltd. v. Addl. CIT
13 Taxmann.com 82 · 2011 · High Court
43
citing judgments

An Assessing Officer cannot disregard an assessee's decision to avail services from associated enterprises, even if the assessee has internal expertise, as the determination of necessity is the assessee's prerogative. The Transfer Pricing Officer's role is to determine the arm's length price, not the need for the service itself.

Judgments citing benchmarking analysis

Morgan Stanley India Company Private Limited, Mumbai vs. Neac, Delhi

In the result, the appeals of the assessee are partly allowed

ITA 594/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Nov 2023AY 2017-18

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since ... length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since

Morgan Stanley India Company Pvt. Ltd., Mumbai vs. DCIT - Circle 4(3)(1), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 2435/MUM/2022[2018-19]Status: DisposedITAT Mumbai30 Nov 2023AY 2018-19

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since ... length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since

Morgan Stanley India Co. P. Ltd., Mumbai vs. ITO, National E-Assessment Centre, Delhi

In the result, the appeals of the assessee are partly allowed

ITA 1009/MUM/2021[2016-17]Status: DisposedITAT Mumbai30 Nov 2023AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since ... length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since

Morgan Stanley India Company Pvt Ltd., Mumbai vs. Asst CIT Range 4 (3)(2), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 7550/MUM/2019[2015-16]Status: DisposedITAT Mumbai30 Nov 2023AY 2015-16

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since ... length. The TPO vide order dated 20/10/2009 passed under section 92CA (3) of the Act did not agree with the benchmarking analysis conducted by the assessee and following the approach adopted in the assessment year 2005–06 considered internal Comparable Uncontrolled Price („CUP‟) method as the most appropriate method since