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: software and chip design tested on recipient provided prototype hardware is where the service recipient is located. When testing on recipient provided prototype hardware is an ancillary activity to a composite supply of software and chip design, the place of supply for the composite service is the location of the service recipient; the separate rule for goods made physically available by the recipient does not apply independently to determine place of supply for such 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: software and chip design tested on recipient provided prototype hardware is where the service recipient is located.
When testing on recipient provided prototype hardware is an ancillary activity to a composite supply of software and chip design, the place of supply for the composite service is the location of the service recipient; the separate rule for goods made physically available by the recipient does not apply independently to determine place of supply for such ancillary testing.
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