Applicability Of GST On Restaurants, Hotels, Fine-Dining Restaurants And Cloud-Kitchens



Quick Summary
This article explores how the Goods and Services Tax (GST) has impacted bills for restaurants, hotels, and other dining establishments in India. It details the pre-GST taxes like VAT and Service Tax, clarifying that Service Charge is not a tax but hotel income. The piece then outlines the current GST rates applicable from October 1st, 2019, for various types of eateries, including standalone restaurants, those within hotels, fine dining, and cloud kitchens.

In this article we will talk about how GST affected the bills of restaurants, hotels and other places where we usually go out for eat something.

According to the National Restaurant Association of India's 2019 India Food Service Report, the size of the Indian food service industry was 1,48,353 crores in 2018-19 and is forecasted to grow up to Rs 2,57,907 crores in 2022-2023 with a Computed Annual Growth Rate of 15%.

PRE-GST RESTAURANT BILL

We never paid attention to our pre-GST bill or we don't even pay attention to our bill now, if we noticed our pre-GST bill then there was many components which used to add in bill such as VAT, Service Tax, and Service Charge.

So let's understand about this terms:

1. VAT: It was taxed on the portion of your food on the bill.

2. Service Tax: It was the tax which charged on the services which was provided by the restaurant.

3. Service Charge: Mainly the first thing is THIS IS NOT TAX, it shouldn't be merged with tax as it is the income of the hotels. It is applied by the restaurants and not by government. If we talk about service tax then it is the tax which was paid by customer and collected by the hotels and further it was paid to the government whereas Service Charge is collected by hotels only.

However, the rates of GST is totally different from the tax which was applicable before GST.

GST on Restaurants and Hotels: Rates Explained

GST RATES FROM 1ST OCTOBER, 2019

SR No. Types Of Restaurant GST RATE
1 Railways/IRCTC 5%
2 Standalone Restaurants 5%
3 Standalone Outdoor Catering Services Or Food Delivery Service 5%
4 Restaurants Within Hotels
(Where Room Tariff Is Less Than Rs 7,500)
5%
5 Normal/Composite Outdoor Catering Within Hotels (Where Room Tariff Is Less Than Rs 7,500) 5%
6 Restaurants Within Hotels*
(Where Room Tariff Is More Than Or Equal To Rs 7,500)
18%
7 Fine Dining Restaurant

I) With A/C:
Ii) Without A/C:

12%
18%
8 Cloud Kitchen 18%
9 Normal/Composite Outdoor Catering Within
Hotels* (Where Room Tariff Is More Than or equal To Rs 7,500)
18%

This also covers the individuals supplying catering or other services in hotels and not any hotel accommodation services, (Having room tariff of Rs. 7,500 or more).

 

In GST rule, the service tax and VAT amount will be add into one single rate, but you may still find service charge doing rounds on your food bill.

Authored by Shivam Kumar

 

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About the Author

Taxblock is One stop solution to ITR, GST, U.S Tax, NRI, EXPAT, TDS, Tax Planning and many more for Individual & Business

Taxblock India Private Limited, founded in 2019, is a fintech startup located in Pune, Maharashtra. We are enrolled as an E-Return Intermediary with Income Tax Department have established an In-House team of Technology Tax Experts to build a Financial Compliance Ecosystem for Individual Corporates. Our clients cho ... Read more

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