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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

Technimont Spa India Project Office, Mumbai vs. Addl DIT (It) RG 2, Mumbai

In the result, the appeal of the assessee is allowed

ITA 691/MUM/2013[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.691/Mum/2013 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Tecnimont Spa India बिधम/ Additional Director Of Office Income Tax-(It)-Range-2 Vs. Tecnimont Icb House, 1St Floor, R. No. 108, Chincholi Bunder, 504 Link Scindia House, Ballard Road, Malad (W), Mumbai- Estate, N. M. Road, 400064. Mumbai-400038. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact8224A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri M. P. Lohia/ Shri Pranav Gandhi Revenue By: Ms. Vatsalaa Jha (Dr) सुनवाई की तारीख / Date Of Hearing: 10/08/2022 घोषणा की तारीख /Date Of Pronouncement: 30/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Hereinafter “Ao”) Dated 30.11.2012 Passed U/S 143(3) Read With Section 144C(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Only Issue Is Regarding The Transfer Pricing Adjustment Made By The Ao Pursuant To The Dispute Resolution Panel (Drp) Direction. According To The Ld. Ar, The Assessee Is A Foreign Company Incorporated At Milan, Italy & It Has A Project Office In India Which Is The Permanent Establishment (Pe). According To The Ld. Ar, The Assessee Has Been Awarded A Project By M/S. Indian Oil Corporation (Hereinafter “M/S. Iocl”) At Panipat Project. The Assessee In Turn Has Awarded The Same Project To Two (2) Of Its Associated Enterprises/Ae’S

For Appellant: Shri M. P. Lohia/ Shri PranavFor Respondent: Ms. Vatsalaa Jha (DR)
Section 143(3)Section 144C(1)Section 92B

expenditure pertain to the sole business of execution of the project. According to the TPO, TNMM is the most suitable method for conducting benchmarking analysis of the transactions of the assessee at an entity level, as all the business activities of the assessee are integrally linked and channelized

Watanmal (India) Pvt Ltd, Chennai vs. DCIT, Corporate Circle-3(2), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 2407/CHNY/2017[2008-09]Status: DisposedITAT Chennai16 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T(Tp).A. No. 4/Chny/2018 & I.T.A. No. 2407/Chny/2017 िनधा"रण वष"/Assessment Years:2006-07 & 2008-09 Vs. The Deputy Commissioner Of Watanmal (India) Pvt. Ltd., Old No. 12, New No. 14, Ground Floor, Income Tax, Sripuram Second Street, Royapettah, Corporate Circle 3(2), Chennai 600 014. Chennai. [Pan:Aaacw6624B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Dr. S. Palanikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 05.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao,: The Appeal Filed By The Assessee For The Assessment Year 2006- 07 Is Directed Against The Order Passed By The Ld. Dispute Resolution Panel -2, Bengaluru Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S. 144C(5) R.W.S. 254 R.W.S. 144C(5) Of The Income Tax Act, 1961 [“Act” In Short] Dated 27.12.2017. The Appeal Filed By The Assessee For The Assessment Year 2008-09 Is Directed Against The Order Of The Assessing Officer Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S.

For Appellant: Shri T. Banusekar, C.AFor Respondent: Dr. S. Palanikumar, CIT
Section 133ASection 143(1)Section 143(3)Section 147Section 148Section 92C

needed. As TNMM has been adopted as MAM by the TPO, any small variation in functionality is not fatal to the validity of the benchmarking analysis. Considering the above, objection of the assessee cannot be accepted.” 10. It is the submission of the ld. Counsel for the assessee that

Hsbc Professional Services (I) P. Ltd, Mumbai vs. DCIT RG 8(2), Mumbai

ITA 8823/MUM/2011[2006-07]Status: DisposedITAT Mumbai13 Sept 2022AY 2006-07

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2006-07 Jcit-8(2), (Osd), M/S Hsbc Professional Services Room No. 216-A, Aayakar (India) Pvt. Ltd., Bhavan, M.K. Road, Vs. Kamla Bhavan, Swami Nityanand Mumbai-400020. Marg, Andheri (East), Mumbai-400069. Pan No. Aabch 0705 R Appellant Respondent Assessment Year: 2006-07 Hsbc Professional Services The Deputy Commissioner Of (India) Private Limited, Income-Tax Range 8(2), 6Th Floor, Shiv Building, Cts Vs. Mumbai. No. 139 & 140B, Sahar Road, Vile Parle (East), Mumbai-400057. Pan No. Aabch 0705 R Appellant Respondent Assessee By : Mr. Niraj Sheth, Ar Revenue By : Mr. V.K. Agarwal, Dr Date Of Hearing : 01/07/2022 Date Of Pronouncement : 13/09/2022

For Appellant: Mr. Niraj Sheth, ARFor Respondent: Mr. V.K. Agarwal, DR
Section 92CSection 92C(2)Section 92D

fact that t despite the fact that the AO and the TPO have incorrectly he AO and the TPO have incorrectly disregarded the benchmarking analysis and the resultant disregarded the benchmarking analysis and the resultant disregarded the benchmarking analysis and the resultant comparable companies identified by the Appellant as part ... fact that the AO and the TPO order of the AO/TPO despite the fact that the AO and the TPO have conducted a fresh benchmarking analysis using (i) have conducted a fresh benchmarking analysis using (i) have conducted a fresh benchmarking analysis using (i) inappropriate search fi inappropriate search filters

DCIT RG 8(2) (OSD), Mumbai vs. Hsbc Professional Services (I) P. Ltd, Mumbai

ITA 8753/MUM/2011[2006-07]Status: DisposedITAT Mumbai13 Sept 2022AY 2006-07

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2006-07 Jcit-8(2), (Osd), M/S Hsbc Professional Services Room No. 216-A, Aayakar (India) Pvt. Ltd., Bhavan, M.K. Road, Vs. Kamla Bhavan, Swami Nityanand Mumbai-400020. Marg, Andheri (East), Mumbai-400069. Pan No. Aabch 0705 R Appellant Respondent Assessment Year: 2006-07 Hsbc Professional Services The Deputy Commissioner Of (India) Private Limited, Income-Tax Range 8(2), 6Th Floor, Shiv Building, Cts Vs. Mumbai. No. 139 & 140B, Sahar Road, Vile Parle (East), Mumbai-400057. Pan No. Aabch 0705 R Appellant Respondent Assessee By : Mr. Niraj Sheth, Ar Revenue By : Mr. V.K. Agarwal, Dr Date Of Hearing : 01/07/2022 Date Of Pronouncement : 13/09/2022

For Appellant: Mr. Niraj Sheth, ARFor Respondent: Mr. V.K. Agarwal, DR
Section 92CSection 92C(2)Section 92D

fact that t despite the fact that the AO and the TPO have incorrectly he AO and the TPO have incorrectly disregarded the benchmarking analysis and the resultant disregarded the benchmarking analysis and the resultant disregarded the benchmarking analysis and the resultant comparable companies identified by the Appellant as part ... fact that the AO and the TPO order of the AO/TPO despite the fact that the AO and the TPO have conducted a fresh benchmarking analysis using (i) have conducted a fresh benchmarking analysis using (i) have conducted a fresh benchmarking analysis using (i) inappropriate search fi inappropriate search filters