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GST on Restaurants and Food Items : Understanding Rules and Rates

Starting a food business or a restaurant in India comes with exciting opportunities but also entails understanding regulatory and tax obligations. One of the most significant tax considerations for food entrepreneurs is the Goods and Services Tax (GST). Understanding GST implications is crucial for pricing, profitability, and compliance.

This guide covers everything you need to know about GST on restaurants services, food items and input tax credit (ITC), helping you navigate the tax landscape efficiently.

GST on Restaurants

The GST rates on food items vary based on their type and processing level. Below is a breakdown of GST rates applicable to different food products:

1. GST Rate on Restaurants

The GST rate on restaurant services depends on the type of restaurant:

Standalone restaurants (AC & Non-AC) – 5% GST (Without ITC)
Restaurants in hotels (Room tariff less than ₹7,500 per night) – 5% GST (Without ITC)
Restaurants in hotels (Room tariff ₹7,500 or more per night) – 18% GST (With ITC)
Outdoor catering services – 18% GST (With ITC)

2. GST on Home Delivery and Cloud Kitchens

Online food delivery services (Zomato, Swiggy, etc.) – 5% GST (charged by the food aggregator, not the restaurant)
Cloud kitchens (virtual restaurants with no dine-in facility) – 5% GST (Without ITC)

3. GST on Alcoholic Beverages

GST does not apply to alcoholic beverages.
Excise duty and VAT are applicable instead, as alcohol is regulated by state governments.
Food served with alcohol is taxed at 5% GST, but alcohol itself is taxed separately as per state laws.

GST on Food Items

1. GST on Raw and Fresh Food Items

Fresh vegetables, fruits, milk, and eggs – 0% GST (Exempted)
Rice, wheat, pulses (unbranded) – 0% GST
Branded and packaged food grains – 5% GST

2. GST on Processed and Packaged Food Items

Bread, paneer, butter, cheese, and ghee – 5% GST
Biscuits, chocolates, and confectionery – 18% GST
Packaged and branded snacks (namkeens, chips, etc.) – 12% GST
Soft drinks and carbonated beverages – 28% GST + 12% Compensation Cess

3. GST on Ready-to-Eat and Frozen Foods

Instant noodles, soups, ready-mix flour – 18% GST
Frozen food items (frozen parathas, fries, meat, etc.) – 12% or 18% GST
Ice cream and dairy-based desserts – 18% GST

GST Registration for Restaurants and Food Businesses

Who Needs to Register for GST?

Any restaurant or food business with an annual turnover exceeding ₹20 lakh (₹10 lakh for special category states) must register under GST.
Businesses selling packaged food items with branding must register if their turnover exceeds the threshold.
Restaurants opting for Input Tax Credit (ITC) must register for GST.

Documents Required for GST Registration:

Business PAN Card
Aadhaar Card of the Proprietor
Business Address Proof
Bank Account Details
FSSAI License (if applicable)

How to File GST Returns for a Restaurant?

Registered restaurants must file monthly or quarterly GST returns (GSTR-1, GSTR-3B, and GSTR-9) based on their turnover and tax structure.

Input Tax Credit (ITC) for Restaurants

Restaurants under the 5% GST scheme cannot claim ITC on their input expenses (rent, raw materials, packaging, etc.).

However, restaurants that charge 18% GST (like those in 5-star hotels or outdoor catering services) can claim ITC, allowing them to offset tax paid on:

Restaurant equipment and furniture
Food ingredients and raw materials
Packaging materials
Maintenance and operational expenses

GST Impact on Food Entrepreneurs

Advantages of GST on Restaurants and Food Businesses

✔ Uniform Tax Structure – Eliminates multiple indirect taxes like VAT, Service Tax, and Excise Duty.

✔ Simplified Compliance – Easy online filing process and lower tax burden for small restaurants.

✔ Boosts Online Delivery Business – Tax clarity for food aggregators and cloud kitchens.

✔ Encourages Transparency – Standardized invoicing builds customer trust and compliance.

Challenges of GST for Food Businesses

⚠ No ITC for Small Restaurants – Restaurants under 5% GST cannot claim input tax credits.

⚠ Higher Costs on Processed Foods – 12%-18% GST on packaged and processed foods increases pricing.

⚠ Complexity in Mixed Taxation – Different GST rates for dine-in, takeaway, and online delivery may cause confusion.

Conclusion

GST is an essential factor for food entrepreneurs to consider when starting a food business or restaurant. Understanding GST on restaurants and food items ensures proper tax planning, pricing strategy, and compliance with regulations.