Bombay High Court Grants Interim Stay on 18% GST for Hotel Restaurants



Quick Summary
The Bombay High Court has temporarily suspended the 18% Goods and Services Tax (GST) applied to restaurants situated within premium hotels. This decision follows a legal challenge arguing that the higher tax rate, compared to the 5% applied to standalone eateries, is unfair and commercially unsound. The court has issued notices to government authorities and will hear the case again on November 19th.

The Bombay High Court has granted an interim stay on the higher 18% GST levied on restaurants located inside premium hotels. The stay comes in response to a petition challenging the rate disparity between such restaurants and standalone eateries, which are taxed at a rate of only 5%. The matter will next be heard on November 19, according to a report by The Economic Times. The court has also issued notices to the Union Government, the Maharashtra Government, the GST Counciland other relevant au
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FAQ :

The Bombay High Court has granted an interim stay, temporarily halting the 18% GST on restaurants located inside premium hotels.

The challenge argues that the 18% GST rate for hotel restaurants is arbitrary and commercially unjustified, especially when standalone restaurants are taxed at only 5%.

Standalone restaurants are taxed at a rate of 5% GST without Input Tax Credit (ITC).

The next hearing for the case is scheduled for November 19th.

From April 1, 2025, a hotel is considered 'specified premises' if even one room is priced over Rs 7,500 per night. Hotels can also voluntarily opt into this classification.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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