Reporting of supplies notified under Section 9(5) / 5(5) by E-commerce Operator in GSTR-3B



Quick Summary
From 1st January 2022, e-commerce operators will be responsible for paying GST on restaurant services supplied through their platforms. This change follows a GST Council decision to include 'Restaurant Service' under Section 9(5) of the CGST Act, similar to services like motor cabs and accommodation. E-commerce operators will report these taxable supplies in Table 3.1(a) of their GSTR-3B, while the registered person or restaurant will report them in Table 3.1(c) alongside nil and exempted supplies.

1. As per the GST Council decision to notify "Restaurant Service" under section 9(5) of the CGST Act, 2017 along with other services notified earlier such as motor cabs, accommodation and housekeeping services wherein the tax on such supplies would be paid by electronic commerce operator if such supplies made through it, Notification No. 17/2021-Central Tax (Rate) and 17/2021-Integrated Tax (Rate) dated 18.11.2021 have been issued. Accordingly, the tax on supplies of restaurant service supplied through e-commerce operators, shall be paid by the e-commerce operator with effect from the 1st January, 2022.

2. In light of the above, E-commerce operator and registered person would report taxable supplies notified under section 9(5) of CGST Act, 2017 and similar provisions in IGST/SGST/UTGST Act in the following manner.

E-commerce GST: Reporting Restaurant Supplies in GSTR-3B
Supplies reported by
Reporting in Form GSTR-3B
Supplies under 9(5) reported by ECO
Table 3.1(a) of GSTR-3B
Registered person/Restaurant supplying through ECO
Table 3.1(c) along-with nil and exempted supply

For more details, please refer to CBIC Circular No. 167/23/2021 dated 17.12.2021.

Thanking you,
Team GSTN

FAQ :

From 1st January 2022, e-commerce operators will be responsible for paying the GST on restaurant services supplied via their platforms, as these are now notified under Section 9(5) of the CGST Act.

Services notified under Section 9(5) include restaurant service, motor cabs, accommodation, and housekeeping services, where the tax is paid by the e-commerce operator.

E-commerce operators should report taxable supplies notified under Section 9(5) in Table 3.1(a) of their GSTR-3B.

Registered persons or restaurants should report these supplies in Table 3.1(c) of their GSTR-3B, along with any nil and exempted supplies.

The tax on supplies of restaurant service supplied through e-commerce operators is to be paid by the e-commerce operator with effect from 1st January 2022.




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