If you run a restaurant in India — whether it is a neighbourhood dhaba, a QSR chain, or a fine dining setup — GST touches every part of your business. The rate on your food bill, your delivery orders, your catering bookings, and your hotel-based outlet can all be different. Getting this wrong is not just an accounting problem. It is a compliance risk. Let’s understand the process step by step.
Since GST was implemented on 1 July 2017, restaurant taxation has moved away from the old, fragmented system of VAT and service tax into a more unified framework. As of 2026, GST on restaurant services is applied based on the type of establishment — not a one-size-fits-all rate.
Most standalone restaurants, whether AC or non-AC, sit at 5% GST without Input Tax Credit (ITC). That means they pay GST on raw materials and other inputs but cannot offset those costs against their GST liability. The trade-off is a lower rate that keeps customer bills from looking alarming.
Restaurants operating inside hotels where room tariffs exceed ₹7,500 per night are taxed at 18% GST with ITC. Higher rate, but they can actually recover tax paid on inputs. Makes sense for the luxury segment where margins and volumes justify the compliance overhead.
Takeaway orders, online food delivery through apps, and most catering arrangements follow the same 5% rate. Outdoor catering at specified premises, though, jumps to 18%.
The key split in restaurant GST is always ITC eligibility. If a restaurant charges 5%, it cannot claim ITC. If it charges 18%, it can.
Category
GST Rate
ITC Eligibility
Standalone AC/Non-AC restaurants
5%
Not available
Takeaway (all types)
Food delivery via Swiggy, Zomato
Restaurants in hotels (room tariff < ₹7,500)
Restaurants in hotels (room tariff > ₹7,500)
18%
Available
Outdoor catering (standalone)
Catering at specified premises
Indian Railways/IRCTC food services
Food delivery services (service providers)
The GST rate on food in India has always depended on what kind of food it is and how processed it is. Basic essentials — fresh vegetables, fruits, milk, eggs, salt, plain breads — remain exempt. That has not changed.
What did change, effective from September 2025, is a meaningful rationalisation of rates across several processed food categories. The Council moved to simplify slabs and reduce the burden on commonly consumed items.
Food Category
Earlier Rate
New Rate
Unpackaged/unbranded staples
0%
Fresh fruits and vegetables
Milk, eggs, salt, basic breads
UHT milk, paneer, pizza bread, khakhra, chapati/roti
Nil
Paratha, parotta, Indian breads
Butter, cheese, dairy fats, condensed milk
12%
Nuts and dried fruits
Refined sugar, confectionery, pasta, snacks
Preserved vegetables, jams, jellies
Fruit and vegetable juices, packaged coconut water
Coffee, tea extracts, malt products
Cocoa-based products (chocolate, cocoa powder)
Sugary and carbonated beverages
18%/28%
40%
The paratha move was a long time coming — it was always odd that a paratha attracted 18% while a roti attracted nothing. That has been corrected. Carbonated beverages, on the other hand, moved sharply upward to 40%.
Food delivery platforms changed how restaurants reach customers. They also created a specific set of GST obligations that are worth understanding clearly.
Swiggy and Zomato are not just apps — under GST rules, they are classified as e-commerce operators and are responsible for collecting and depositing GST on behalf of restaurants for orders placed through their platforms.
Aspect
GST Treatment
Platform role (Swiggy/Zomato)
Collects and deposits GST on behalf of restaurants
GST on food (delivery or takeaway)
5% for most standalone restaurants
GST on delivery charges
18% charged separately on delivery fee
GST on packaged/branded food
5% to 18% depending on product type
Billing structure
GST included in total bill — not added separately by platform
GST payment responsibility
Collected by platform, remitted to government
One point restaurant owners often miss: platforms cannot separately charge GST to customers on top of the bill. It must be embedded in the invoice total. Knowing this matters when you audit your platform payouts and reconcile what was collected vs. what was remitted.
Small restaurants often ask this. The Composite Scheme exists specifically for smaller businesses that want simplified compliance without the complexity of monthly returns.
Feature
Composite Scheme
Regular Scheme
Eligibility
Up to ₹1.5 crore turnover (₹75 lakh for special category states)
No turnover limit
5% on turnover
5% (no ITC) or 18% (with ITC)
Input Tax Credit
Available (for 18% category)
Inter-state supply
Not allowed
Allowed
E-commerce supply
Tax collection from customers
Not permitted
Permitted
Return filing
CMP-08 (quarterly), GSTR-4 (annually)
Regular monthly/quarterly returns
Tax payment
Paid from own funds
Collected from customers
If your restaurant is small, local, and does not deal in inter-state supplies or e-commerce orders, the Composite Scheme keeps life simpler. If you are on Swiggy or Zomato, or you run multiple outlets, the Regular Scheme is the only viable path.
ITC is where restaurant owners either win or lose money without realising it.
Key Notes
Standalone Restaurants
Lower rate keeps bills affordable; no credit on raw materials
Specified Premises (Hotels > ₹7,500/night)
ITC can be claimed on raw materials, rent, kitchen equipment
Restaurant Chains (Multiple Outlets)
As per applicable slab
As per slab
Mandatory ISD mechanism from 2025 for shared credit distribution
The 2025 update introduced a mandatory Input Service Distributor (ISD) mechanism for restaurant chains. If a chain shares marketing costs, admin expenses, or other overhead across outlets, the ISD route is now compulsory for distributing those credits properly. This is a significant compliance change for anyone running more than one location.
Every restaurant that is GST-registered must issue proper invoices. This is non-negotiable — a missing field is grounds for scrutiny.
A compliant GST invoice from a restaurant must contain:
That is the minimum. Nothing complicated — but every field must be there on every bill.
Say a customer orders food worth ₹2,000 at a standalone restaurant under the 5% GST slab (no ITC).
Particulars
Amount (₹)
Food & Beverage Value
2,000
GST @ 5%
100
Total Payable
2,100
Calculation: ₹2,000 × 5% = ₹100 GST. Total bill = ₹2,100.
Simple enough. Where it gets more complex is when the restaurant also has alcohol sales (taxed separately by state governments, not under GST), delivery charges (18% GST on the fee), or operates out of a hotel room-rate bracket that triggers the 18% category.
GST was designed to streamline restaurant taxation — and largely, it has. But the system has layers: which slab you fall under, whether you can claim ITC, how delivery platforms handle remittance, what your invoice must say, and which scheme suits your turnover.
Getting these right from the start saves a lot of headaches later. And if your restaurant is growing — adding outlets, getting onto delivery platforms, or exploring catering — the compliance picture shifts.
Working with a professional who knows restaurant GST specifically, not just GST in general, makes a real difference.
GST rules for restaurants are not static — they shift with every Council meeting, every budget, every circular. Legaldev handles GST registration, return filing, and compliance advisory specifically for restaurant businesses. If your setup is changing or you just want to make sure you are doing this correctly, having expert support in your corner is the straightforward call.
Q1: What is the GST rate for food ordered from a standalone restaurant in India? A: Most standalone restaurants in India — whether AC or non-AC — charge 5% GST on food without Input Tax Credit (ITC). This applies to dine-in, takeaway, and delivery orders. The lower rate keeps bills manageable for customers, though it means the restaurant cannot recover GST paid on raw materials and inputs.
Q2: Do luxury hotel restaurants charge more GST than regular restaurants? A: Yes. Restaurants located inside hotels where the room tariff exceeds ₹7,500 per night are classified under a higher GST bracket and charge 18% GST on food — but they can claim Input Tax Credit on inputs like raw materials, kitchen equipment, and rent. So the 18% rate comes with a meaningful cost offset for the business.
Q3: How does Swiggy and Zomato handle GST on food delivery orders? A: Swiggy and Zomato are classified as e-commerce operators under GST rules, which means they are responsible for collecting and depositing GST on behalf of restaurants for orders placed through their apps. The GST on food remains 5% for most restaurants, while delivery charges attract a separate 18% GST. Platforms embed GST in the total invoice — they cannot add it separately on top of the bill.
Q4: Can a small restaurant opt for the GST Composite Scheme, and what are the limits? A: Yes. Restaurants with annual turnover up to ₹1.5 crore (₹75 lakh for special category states) can opt for the GST Composite Scheme. Under this scheme, they pay a flat 5% on turnover, file simplified returns (quarterly CMP-08, annual GSTR-4), and do not need to collect GST from customers. The catch: they cannot claim ITC, cannot supply inter-state, and cannot take orders through e-commerce platforms like Swiggy or Zomato.
Q5: Is GST applicable on alcohol served in a restaurant? A: No — alcohol for human consumption is outside the GST framework. State governments levy their own taxes on alcoholic beverages separately. So on a restaurant bill, the food portion attracts GST at the applicable rate, while the alcohol bill is taxed under state excise or VAT rules. They appear as separate line items for a reason.
Q6: What changed in GST rates on food items after September 2025? A: The September 2025 GST Council revisions brought meaningful relief on several everyday food items. Paratha and parotta — previously taxed at 18% — are now nil-rated. UHT milk, paneer, and khakhra also moved to nil from 5%. Butter, cheese, nuts, packaged juices, and coffee extracts dropped from 12–18% to 5%. On the other end, carbonated and sugary beverages jumped sharply to 40%, up from the earlier 18%/28% structure.
Q7: What must a restaurant include on a GST invoice to stay compliant? A: A valid GST invoice from a restaurant must include the restaurant's GSTIN, the invoice date and number, the value of food and beverage supplied, the applicable GST rate, and the exact GST amount charged. Missing any of these fields makes the invoice non-compliant, which can cause issues during audits or when customers need to claim ITC (in cases where they are eligible).
Q8: Does GST apply to takeaway food the same way as dine-in? A: Yes. Takeaway food from a standalone restaurant attracts the same 5% GST without ITC as dine-in orders. The mode of consumption does not change the tax rate — what matters is the type of establishment and which GST slab it falls under, not whether the customer eats in or takes the food home.
Q9: How does the ISD mechanism introduced in 2025 affect restaurant chains? A: From 2025, restaurant chains with multiple outlets are required to use the Input Service Distributor (ISD) mechanism to distribute shared input tax credits — covering things like centralized marketing costs, admin overhead, and common services. This is a mandatory compliance step for chains, not optional. Getting ISD registration wrong or skipping it can lead to credit mismatches across outlets.
Q10: Can a cloud kitchen claim ITC under GST? A: A cloud kitchen's ITC eligibility depends on its GST rate classification. Most cloud kitchens operate under the 5% GST slab (without ITC) since they are standalone food businesses not attached to a specified hotel premises. If a cloud kitchen falls under the 18% bracket — which is uncommon for most standalone setups — ITC becomes available. Most cloud kitchens should verify their classification with a GST professional before assuming eligibility.
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