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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

Candor Gurgaon One Realty Projects Private Limited, Mumbai vs. DCIT, Circle 4(2), Delhi

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

ITA 769/DEL/2022[2017-18]Status: DisposedITAT Delhi08 Aug 2025AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.769/Del/2022 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2278/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent

Section 270A

adjustment made by the TPO to the income of Assessee Company in the TP Study without providing any cogent reasons search process, the benchmarking analysis and the approach adopted by the for the same. 3. That on the facts and circumstances of the case ... interest rate paid on CCDs issued in Financial Years (FYs') 2014-15 and while conducting the fresh benchmarking analysis with respect to the 2015-16, has applied incorrect filters to arrive at a fresh set of comparables. 3.1 That on the facts and circumstances of the case

Candor Gurgaon One Realty Project Pvt Ltd, Mumbai vs. DCIT, Circle 4(2), New Delhi

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

ITA 2278/DEL/2022[2018-19]Status: DisposedITAT Delhi08 Aug 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.769/Del/2022 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2278/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent

Section 270A

adjustment made by the TPO to the income of Assessee Company in the TP Study without providing any cogent reasons search process, the benchmarking analysis and the approach adopted by the for the same. 3. That on the facts and circumstances of the case ... interest rate paid on CCDs issued in Financial Years (FYs') 2014-15 and while conducting the fresh benchmarking analysis with respect to the 2015-16, has applied incorrect filters to arrive at a fresh set of comparables. 3.1 That on the facts and circumstances of the case

Nielsen (India) P.Ltd, Mumbai vs. DCIT RG 6(1), Mumbai

The appeal is dismissed as withdrawn

ITA 3581/MUM/2015[2009-10]Status: DisposedITAT Mumbai31 Jul 2025AY 2009-10

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3581/Mum/2015 (नििाारण वर्ा / Assessment Year: 2009-10) M/S. Nielsen (India) V/S. Deputy Private Limited बिाम Commissioner Of (Formerly Known As Income Tax Range– Acnielsen Org-Marg 6(1), Mumbai Private Limited) Aaykar Bhavan, Mumbai 6Th Floor, Block C, Godrej It 400020 Park, 02, Godrej Business District, Lbs Marg, Phirojshanagar, Vikhroli (W), Mumbai 400079 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacm9279L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Paras S. Savla राजस्व की ओर से /Revenue By: Ms. Neena Jeph, Cit Dr

For Appellant: Shri Paras S. SavlaFor Respondent: Ms. Neena Jeph, CIT DR
Section 250Section 43B

Appellant are adequately remunerated and hence the adjustment needs to be deleted. 1.9. The leamed AO/CIT(A) ought to have considered the scientific benchmarking analysis of the appellant, using internal TNMM 1.10 The learned AO/ CIT(A) ought to have appreciated that the appellant's functional profile ... Nielsen (India) Pvt Ltd. Formerly known as ACNielsen ORG-MARG Pvt Ltd Without prejudice to the appellant's contention that benchmarking analysis as per transfer pricing document needs to be considered:- 1.12 The learned AO/ CIT(A) ought to have appreciated that the comparables proposed are not functionally comparable