GST on Restaurants & Food Delivery — 5% No ITC, Platform Collection
Complete GST guide for restaurants & food delivery: flat 5% without ITC on all restaurant food, hotel restaurant dual-rate (5%/18%), Zomato/Swiggy platform collection mechanism, cloud kitchen classification, outdoor catering 18% with ITC, alcohol exclusion from GST, and food aggregator commission taxation.
5%
Non-AC Restaurant
5%
AC Restaurant
18%
Hotel (room >₹7,500)
5%
Food Delivery (Zomato/Swiggy)
5%
Cloud Kitchen
18%
Outdoor Catering
5%
Takeaway Food
State Excise
Alcohol (outside GST)
Restaurants & Food Delivery — GST Framework
Restaurant Services — Flat 5% (No ITC)
ALL RESTAURANTS: Since 15 November 2017, all stand-alone restaurants (AC or non-AC) pay 5% GST without Input Tax Credit. This includes: Dine-in at any restaurant: 5%. Takeaway/parcel food: 5%. Fast food chains (McDonald's, KFC, Domino's): 5%. Fine dining restaurants: 5%. Cafes (Starbucks, CCD): 5%. Bakeries selling food: 5%. Sweet shops (Haldiram's, Bikanervala): 5%. Food courts in malls: 5%. Dhaba/roadside eatery (if registered): 5%. WHY NO ITC: Before Nov 2017: AC restaurants charged 18% WITH ITC. After Nov 2017: reduced to 5% WITHOUT ITC. Rationale: 5% flat rate is simpler, prevents restaurants from charging 18% and claiming inflated ITC. IMPACT: Restaurant can't claim ITC on rent (18%), equipment (18%), interiors (18%), supplies (18%). Effective cost higher than 5% suggests — but consumer pays less. TURNOVER BELOW ₹20L: No GST registration required. Can operate without collecting GST. Composition scheme (₹20L-₹1.5Cr turnover): 5% rate anyway, with even simpler compliance.
Hotels & Restaurants in Hotels — 5% or 18%
RESTAURANT IN HOTEL: The rate depends on DECLARED ROOM TARIFF of the hotel — not the food bill. Room tariff ≤ ₹7,500/night: restaurant charges 5% GST (no ITC). Room tariff > ₹7,500/night: restaurant charges 18% GST (WITH ITC). EXAMPLES: Budget hotel (OYO, Treebo — ₹1,500/night): restaurant in hotel = 5%. Mid-range hotel (Lemon Tree — ₹4,000/night): restaurant = 5%. Premium hotel (Taj, Oberoi — ₹15,000/night): restaurant = 18% WITH ITC. Same food item, different GST — only because hotel room rate differs! DECLARED TARIFF: Based on published rack rate — not actual booking rate. If hotel's published rate is ₹8,000 but guest books at ₹5,000 (discount), restaurant still charges 18%. ROOM SERVICE: Same rate as hotel restaurant — 5% or 18% based on room tariff. Mini-bar items: same rate as restaurant. BANQUET/CONFERENCE: If in hotel with tariff >₹7,500: 18%. If below: 5%. IMPORTANT: Guest staying in room — restaurant bill is SEPARATE from room bill. Room: 12% GST (₹1,001-₹7,500 tariff) or 18% (above ₹7,500). Restaurant (in same hotel): 5% or 18% (as above). Different rates on same invoice — hotel must split.
Food Delivery Apps — 5% Collected by Platform
ZOMATO/SWIGGY AS TAX COLLECTOR: From 1 January 2022: Zomato, Swiggy, and other food delivery platforms collect 5% GST from customers and deposit directly to government. Before Jan 2022: restaurant was liable to pay GST. After Jan 2022: PLATFORM is liable (as 'deemed supplier'). MECHANICS: Customer orders ₹500 food on Swiggy. GST = ₹25 (5% of ₹500). Swiggy collects ₹525 from customer. Swiggy deposits ₹25 GST to government. Restaurant receives ₹500 (minus Swiggy's commission). RESTAURANT'S OBLIGATION: Restaurant still needs GST registration (if above ₹20L threshold). But: restaurant does NOT collect GST on platform orders — Swiggy/Zomato already collected it. Restaurant reports these as 'supplies through e-commerce' in GSTR-1. Restaurant can set off this GST against its own liability. COMMISSION CHARGED BY PLATFORM: Swiggy/Zomato charge 20-30% commission to restaurant. GST on commission: 18% (it's a service). Restaurant pays 18% GST on commission fee — but CANNOT claim ITC (because restaurant is under 5% no-ITC scheme). DELIVERY CHARGE: Delivery fee charged to customer: 18% GST (it's a separate service). But: most platforms bundle it — dispute on whether delivery charge should be 5% (part of food) or 18% (separate transport). Current practice: platforms treat delivery as part of restaurant service = 5%.
Cloud Kitchens — 5% GST (No ITC)
CLOUD KITCHEN / GHOST KITCHEN: Cloud kitchens (Rebel Foods/Faasos, Box8, Freshmenu): only delivery, no dine-in. GST rate: 5% without ITC (classified as 'restaurant service'). Rationale: CBIC clarified — 'cooking and supply of food' is restaurant service regardless of whether there's a physical dining space. CLASSIFICATION BATTLE: Cloud kitchens argued: 'We're a food manufacturer — should be 5% on food goods with ITC'. Government view: 'You prepare and serve food (even via delivery) = restaurant service = 5% no ITC'. AAR rulings: consistently held cloud kitchens = restaurant service. FRANCHISE MODEL: Many cloud kitchens operate multiple brands from one kitchen: Rebel Foods operates: Faasos (wraps), Behrouz (biryani), Oven Story (pizza), Mandarin Oak (Chinese). Each brand = not separate entity for GST. One kitchen, one GST registration — all sales at 5%. CORPORATE CATERING BY CLOUD KITCHEN: Daily meal boxes to corporate offices: could be 'outdoor catering' = 18%. But: if supplied as 'restaurant service' (packaged individual meals): 5%. DISTINCTION MATTERS: Cooking + individual packaging + delivery = 5% (restaurant). Cooking + bulk supply + serving at client location = 18% (outdoor catering). PLATFORM ORDERS: Cloud kitchen orders via Swiggy/Zomato: platform collects 5% (same as any restaurant).
Outdoor Catering & Event Food — 18%
OUTDOOR CATERING — 18% WITH ITC: Outdoor catering (events, weddings, parties): 18% GST with full ITC. This is DIFFERENT from restaurant service (5% no ITC). WHAT IS OUTDOOR CATERING: Cooking food + serving at a venue chosen by customer. Wedding catering: 18%. Corporate event catering: 18%. Party catering at farmhouse: 18%. Conference/seminar food service: 18%. Institutional catering (hospitals, hostels — if contract-based): 18%. KEY DISTINCTION: Customer comes to restaurant = 5%. Caterer goes to customer's venue = 18%. Same food, different classification, different rate! BUNDLED SERVICES (wedding catering + tent + decor): If single invoice for catering + decoration + tent + sound: 18% on entire amount (composite supply — principal supply is catering). If separate invoices: catering 18%, tent rental 18%, decoration 18%. CANTEEN SERVICES: Company canteen managed by caterer (Sodexo, Compass Group): 18% (outdoor catering — caterer supplying at client premises). Factory canteen (mandatory under Factories Act): still 18%. But: employer may bear GST cost — effective rate to employee: nil. INDIAN RAILWAYS CATERING (IRCTC): Pantry car food: 5% (classified as restaurant service — train is the 'premises'). Platform food stalls: 5%. Base kitchen supply to trains: 18% (supply of goods, not restaurant service). Jan Ahaar (economy meals): 5%.
Alcohol, Tobacco & Related — Outside / High GST
ALCOHOL — OUTSIDE GST: Alcoholic beverages: COMPLETELY OUTSIDE GST (like petrol). Tax: State Excise Duty + State VAT. Rate varies by state: 25-75% effective tax. Restaurants serving alcohol: alcohol portion on bill = NO GST (state excise). Food portion = 5% GST. Hotel restaurant: food = 5%/18%, liquor = state excise. Bar/pub: same split — food 5%, alcohol state excise. CHALLENGE: How to split bill? CBIC guidance: if composite bill, split proportionally or as per menu pricing. TOBACCO — HIGHEST GST: Cigarettes: 28% GST + Compensation Cess (upto 290% of retail price for premium). Total effective tax: 50-80% on cigarettes. Gutka/pan masala: 28% + high cess. Hookah tobacco (served in restaurants): 28% + cess on tobacco. Service of serving hookah: 18% (separate service). Restaurant serving shisha: must split — tobacco component (28% + cess) + service (18%). ENERGY DRINKS (served in restaurant): Red Bull, Monster: 28% GST + 12% cess (aerated beverages with added sugar). But: when served as part of restaurant meal — 5% overall? DISPUTE: If restaurant serves Red Bull can: it's supply of goods = 28% + cess? Or part of restaurant service = 5%? AAR ruling: if served sealed can = supply of goods (28%). If mixed into cocktail (mocktail) = part of restaurant supply (5%).
Restaurants & Food Delivery — GST Rate Table
| Item | HSN/SAC | GST Rate | Notes |
|---|---|---|---|
| Restaurant food (any restaurant) | SAC 9963 | 5% | No ITC |
| Takeaway/parcel food | SAC 9963 | 5% | Same as dine-in |
| Hotel restaurant (room ≤₹7,500) | SAC 9963 | 5% | No ITC |
| Hotel restaurant (room >₹7,500) | SAC 9963 | 18% | With ITC |
| Food delivery (Zomato/Swiggy) | SAC 9963 | 5% | Platform collects |
| Cloud kitchen | SAC 9963 | 5% | No ITC — restaurant service |
| Outdoor catering (events) | SAC 9963 | 18% | With ITC |
| Indian Railways food (pantry) | SAC 9963 | 5% | No ITC |
| Sweetmeats/namkeens (pre-packaged) | 1704/2106 | 5-12% | Depends on packaging |
| Aerated drinks with sugar | 2202 | 28% + 12% cess | Served sealed |
| Bottled drinking water | 2201 | 18% | Packaged |
| Alcoholic beverages | N/A | Outside GST | State excise + VAT |
Frequently Asked Questions
Why do restaurants charge 5% GST without ITC — and how does this affect pricing?
How does GST work when Zomato/Swiggy delivers food — who pays what to whom?
What is the difference between restaurant service (5%) and outdoor catering (18%) — with examples?
How are food aggregator commissions treated under GST — and why do restaurants complain?
Restaurant & Food Delivery GST — Platform Billing, Catering Classification
Laabam.One handles restaurant GST: 5% no-ITC restaurant billing, Zomato/Swiggy platform collection reporting, hotel dual-rate management, cloud kitchen classification, outdoor catering 18% invoicing, alcohol bill splitting, and food aggregator commission reconciliation.
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