Clarification regarding determination of place of supply in case of software/design services related to Electronics Semiconductor and Design Manufacturing (ESDM) industry
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Place of supply: testing on client provided prototype is ancillary so supply location is recipient's location. Where testing of software on prototype hardware supplied by the recipient is ancillary to a principal composite supply of software or chip design, the entire activity is to be treated as one supply and the place of supply is the location of the service recipient under the IGST place of supply rule; provisions regarding goods made physically available by the recipient do not independently change the place of supply for the ancillary component.
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: testing on client provided prototype is ancillary so supply location is recipient's location.
Where testing of software on prototype hardware supplied by the recipient is ancillary to a principal composite supply of software or chip design, the entire activity is to be treated as one supply and the place of supply is the location of the service recipient under the IGST place of supply rule; provisions regarding goods made physically available by the recipient do not independently change the place of supply for the ancillary component.
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