GST on Food and Restaurants in India

gst on food

India's food and restaurant industry is booming, with the restaurant sector contributing significantly to the country's GDP. GST on food and restaurants in India is applied at every step of production and distribution based on the added value. For food and restaurants, GST is charged depending on the type of restaurant and services offered. Non-AC restaurants have a 5% GST rate, while AC restaurants are taxed at 18%. Restaurants that serve alcohol also have an 18% GST rate. Additionally, outdoor catering services are charged a 5% GST. Let's explore how GST impacts restaurants and food services in India, the rates, and the rules that govern this sector in 2024. 

GST Rate on Restaurant Services

The government has classified restaurant services under various categories, each with a different GST rate. Here's a breakdown of the current rates:

Type of Service

GST Rate

Details

AC Restaurants (providing service inside)

18%

Restaurants with air-conditioning charge 18% GST on the total bill.

Non-AC Restaurants

5% (without ITC)

Non-AC restaurants charge a lower GST of 5%, but they cannot avail of input tax credit (ITC).

Outdoor Catering Services

18%

For events or functions, catering services are taxed at 18% with input tax credit available.

Restaurants in 5-star hotels

18%

Premium restaurants in luxury hotels fall under the 18% GST category with ITC available.

GST Rules for Restaurants

The GST rules vary depending on the type and scale of the restaurant. Here’s a simple table for reference:


Restaurant Type

Rule

Details

Composition Scheme (Turnover < ₹1.5 Cr)

5% GST, no ITC

Small restaurants, no ITC.

Regular Scheme

Eligible for ITC

Can claim ITC on purchases.

Cloud Kitchens

18% GST, ITC available

Taxed as service providers.

Takeaway/Delivery

Same as restaurant rates

Follows restaurant's GST rate.

Restaurants in 5-star hotels

18% GST, ITC available

Taxed at 18%, ITC eligible.

Restaurants serving alcohol

18% GST, ITC available

Taxed at 18%, ITC eligible.

Outdoor Catering Services

18% GST, ITC available

Taxed at 18%, ITC eligible.

Standalone Restaurants (no alcohol)

5% GST, no ITC

No ITC for non-alcohol restaurants.

Restaurants inside malls

5%/18% GST based on AC status

5% (non-AC), 18% (AC), ITC available for AC.

Outdoor Food Stalls

GST exempt (turnover < ₹20 lakhs)

Exempt if turnover below ₹20 lakhs.

GST Rate on Food Items

In addition to restaurant services, GST also applies to various food items, which are taxed at different rates based on their type. Here's an overview:

  • Packaged Food (Branded): 12%

  • Non-Branded Food (Unpackaged): Exempt from GST

  • Frozen Foods: 5% for fruits and vegetables, 12% for frozen meat and poultry

  • Bakery Items: 5% (for biscuits, bread, cakes)

  • Processed and Ready-to-Eat Foods: 12% (for ready-to-eat meals, noodles, etc.)

  • Dairy Products: 5% (for items like butter, cheese, and yogurt)

  • Fresh Fruits and Vegetables: Exempt from GST

  • Sweets and Confectionery: 18% GST

  • Aerated Drinks: 28% GST plus 12% cess (for items like sodas and energy drinks)

  • Edible Oils: 5% GST

  • Tea, Coffee (not instant), and Spices: 5% GST

  • Instant Coffee: 18% GST

  • Organic Food Products: 5% GST for packaged organic items

Impact on Restaurant Business Owners

Implementing GST has brought significant changes to restaurant business owners in India. Let's break down these changes:



  1. Shift in Business Models: Many restaurants, especially small ones, have started exploring cloud kitchens or delivery-only models to reduce overhead costs while complying with GST. This has allowed them to reach more customers without needing a physical dining space.

  2. Effect on Menu Pricing: The differential GST rates (5% for non-AC, 18% for AC) have led to strategic changes in menu pricing. Many restaurants adjust their offerings or segment menus based on dining sections to maintain profitability while staying within GST regulations.

  3. Impact on Franchise Models: GST compliance has become more centralised for restaurants operating under a franchise model. Franchisors are now more involved in ensuring franchisees follow uniform GST practices, which has streamlined operations but increased administrative efforts.

  4. Marketing and Promotions: Some restaurants have offered GST-inclusive pricing to attract customers. This pricing strategy creates a perception of transparency, helping retain customer trust in an increasingly competitive market.

  5. Impact on Small Eateries and Street Vendors: Small eateries and street vendors with turnovers below ₹20 lakhs are exempt from GST. However, the perception that GST applies to all has led to confusion among consumers, sometimes affecting sales in smaller establishments.

  6. Influence on Supply Chain Management: Restaurants now optimise their supply chains to minimize tax burdens. By working with GST-compliant suppliers, they can claim input tax credits more efficiently, reducing overall tax liability.

Conclusion

GST on Food and Restaurants in India continues to influence the industry's operations. While it simplifies the tax structure, small restaurants face challenges, especially without the benefit of input tax credit (ITC). The varying rates for AC, non-AC, and alcohol-serving restaurants have led to changes in pricing and business strategies. By adopting solutions like cloud kitchens, transparent pricing, and efficient management, restaurant owners can navigate the impact of GST and ensure long-term growth and compliance.

FAQs 

1. Can a restaurant charge 18% GST? 

Yes, in India 2024, a restaurant can charge 18% GST if it has air-conditioning or serves alcohol. Restaurants in luxury hotels also charge 18% GST. Non-AC restaurants charge 5% GST.


2. Which restaurants cannot charge GST?

When a restaurant chooses the Composition Levy Scheme, it can't charge customers GST. This scheme is for businesses with a turnover of less than ₹50 lakh in the previous year, allowing them to pay a small fixed percentage of their total sales as tax.


3. Is GST applicable on food ordered through online platforms like Swiggy or Zomato?

Yes, food ordered online is subject to the same GST rates as the restaurant providing the food. Typically, this is 5% or 18%, depending on the restaurant type.


4. Can cloud kitchens charge GST?

Cloud kitchens are treated as service providers and must charge 18% GST. They can also claim ITC on their purchases.