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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: location of recipient where software and chip design services include ancillary testing on prototype hardware. Where software and integrated circuit design services form a composite supply with chip design/software development as the principal supply and testing on recipient provided prototype hardware as an ancillary activity, the place of supply is the location of the service recipient; testing on prototype hardware does not convert the ancillary activity into a separate supply and separate place of supply rules for ancillary supplies do not apply.
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: location of recipient where software and chip design services include ancillary testing on prototype hardware.
Where software and integrated circuit design services form a composite supply with chip design/software development as the principal supply and testing on recipient provided prototype hardware as an ancillary activity, the place of supply is the location of the service recipient; testing on prototype hardware does not convert the ancillary activity into a separate supply and separate place of supply rules for ancillary supplies do not apply.
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