Finance/Compliance Consultant
77177 Points
Posted on 06 November 2026
Restaurant sales through Swiggy and Zomato are taxed under Sec 9(5): since 1 January 2022 the e-commerce operator pays the GST on restaurant services (Notf 17/2021-CT(R)). The restaurant does not pay output tax on these sales.
• GSTR-1:
– report these sales in Table 14 ("supplies made through ECO on which ECO is liable to pay tax u/s 9(5)"), with the ECO's GSTIN and the taxable value
– from 2024, Table 15 captures ECO-wise details
– do not include them in B2C (Table 7), or tax gets doubled.
• GSTR-3B: Table 3.1.1(ii), supplies through ECO under Sec 9(5), value only.
• TCS: since the ECO pays tax under 9(5), it does not collect TCS under Sec 52 on these restaurant sales. That's why you see no TCS from Zomato. If Swiggy's statement shows TCS, check: it may relate to packaged goods or non-restaurant items, which are under normal tax with TCS.
• ITC: restaurants at 5% cannot take ITC anyway. Commission charged by the platforms carries 18% GST, which is not creditable for a 5% restaurant.