gst double taxation on restaurant

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A Restaurant is selling Food items and MRP products

It pays GST at 5 % on food items

It pays GST on MRP products at 18%, can it claim ITC on these products alone?


Or does it have to pay 5 % on MRP products also!?

If so would it not be double taxation of 5% on 18%?
Replies (2)
As per CGST(rate) Notification no. 46/2017 , Rate for Restaurant is 5% without ITC 
Hence Restaurant cannot claim ITC


Note : Restaurants in hotel where room tariff is 7500/- or more , charge 18% with full ITC 
Restaurant service provider are penalized by Councils by Issuing Notification 46/2017, to Charge GST 5% without ITC

The Restaurant Services who are providing services on MRP shall be Composit Dealer as they cannot show Or collect GST from Customer .... are liable to pay GST on MRP from his pocket
And Rate of 18% on restaurant services only in as Mr. Saurabh replied


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