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: recipient location for composite software/design services when hardware testing is ancillary, under IGST rules. Where an Indian supplier provides software and chip design services as a composite supply and tests the work on prototype hardware supplied by the recipient, the testing is an ancillary activity and the principal supply is the software/design. The entire contract is a single supply and the place of supply is the location of the service recipient; separate place of supply rules for ancillary components do not apply to such 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: recipient location for composite software/design services when hardware testing is ancillary, under IGST rules.
Where an Indian supplier provides software and chip design services as a composite supply and tests the work on prototype hardware supplied by the recipient, the testing is an ancillary activity and the principal supply is the software/design. The entire contract is a single supply and the place of supply is the location of the service recipient; separate place of supply rules for ancillary components do not apply to such testing.
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