GST + Takeaway Restaurants + sale through swiggy

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This query is : Resolved

Kaushik Kamat (Querist)

13 July 2021 One of my client is running Takeaway restaurant in Mumbai Suburban area. They started their business in Nov 2019. It is selling dishes independently as well as through swiggy.
Turnover has not exceeded the maximum limit either from independent sale or from sale through Swiggy or in aggregate.
At the time of starting business, Restaurant had to get register itself under GST. Because it was Mandatory requirement to become Swiggy Partner.
It started collecting GST @5% on Independent sale from the day one itself .
In case of sale through Swiggy : Swiggy sells dishes on behalf of Restaurant and collects proceeds from customers (but they do not collect GST from customer). Such proceeds are paid to Restaurant after deducting Commission + GST for using E- platform. Also Swiggy is collecting TCS while making payment of proceeds to Restaurant
Now I have following questions :
1) Is it responsibility of Swiggy to collect GST from end customers and pay to Govt.?
2) If Swiggy is not collecting GST then is it necessary that Restaurant should add GST component in value of dish?
3) In case of Independent sale, Is it necessary to collect GST from customers ?
4) Merely because Restaurant is register under GST, is it necessary to collect GST from customer even though turnover limit has not exceeded the limit?
Kindly answer with relevant sections applicable if any.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

13 July 2021 1 No, it's your responsibility to collect and pay GST.
2 yes.
3 Yes, as you are registered under GST.
4 yes, once registered GST applicable irrespective of turnover.

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