Clarification regarding determination of place of supply in case of software/design services related to Electronics Semi-conductor and Design Manufacturing (ESDM) industry.
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Place of supply: composite software and chip-design with ancillary testing is located at the service recipient's location under IGST rules. Where software and chip-design is the principal element and testing on sample prototype hardware or test-kits provided by the recipient is ancillary, the engagement is a composite supply and the place of supply of the software/design is the location of the service recipient under Section 13(2) of the IGST Act; the provision on goods made physically available by the recipient does not apply separately to the ancillary testing in such cases.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Place of supply: composite software and chip-design with ancillary testing is located at the service recipient's location under IGST rules.
Where software and chip-design is the principal element and testing on sample prototype hardware or test-kits provided by the recipient is ancillary, the engagement is a composite supply and the place of supply of the software/design is the location of the service recipient under Section 13(2) of the IGST Act; the provision on goods made physically available by the recipient does not apply separately to the ancillary testing in such cases.
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