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: for composite software/design services with ancillary hardware testing, supply is at recipient's location under IGST rules. Where software and integrated circuit design services include testing on sample prototype hardware provided by the recipient and such testing is ancillary to the principal design/development activity, the contract is a composite supply and the place of supply is the location of the service recipient under the IGST recipient location rule; the provision treating goods made physically available by the recipient does not apply separately to the ancillary testing.
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: for composite software/design services with ancillary hardware testing, supply is at recipient's location under IGST rules.
Where software and integrated circuit design services include testing on sample prototype hardware provided by the recipient and such testing is ancillary to the principal design/development activity, the contract is a composite supply and the place of supply is the location of the service recipient under the IGST recipient location rule; the provision treating goods made physically available by the recipient does not apply separately to the ancillary testing.
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