Restaurant and Food Delivery GST: Platform, Invoice and Rate Controls
Reviewed by CA Nikhil Gupta · Last reviewed 30 May 2026
A restaurant and delivery-platform control covering section 9(5), dine-in/takeaway, ECO tax, platform commissions, cloud kitchens, invoice responsibility and ITC restrictions.
Restaurant food sold directly and restaurant service supplied through an e-commerce operator can have different return and payment mechanics even where the kitchen and customer are the same.
Use the HSN / Goods GST Rate Finder to apply these points to your figures.
Restaurant service is generally taxed under the notified rate framework, commonly without ordinary input-tax credit under the conditions of the entry.
For the connected rule or filing step, see Notification 46/2017-Central Tax (Rate), the 5%-without-ITC restaurant rate.
From 1 January 2022, an e-commerce operator pays GST under section 9(5) on restaurant services supplied through its platform, subject to the notified scope.
For the connected rule or filing step, see GST Rate Change: Old Stock, New Invoice and Customer Communication Checklist.
The ECO does not collect section 52 TCS on the restaurant service value on which it pays tax under section 9(5), though other platform supplies and seller transactions require separate analysis.
The restaurant’s direct counter, takeaway, catering, packaged-goods and platform supplies should not be merged into one tax rule.
When you are ready for the next step, see Find the GST rate. See the law behind it..
What the business should understand
- The 5%-without-ITC rate is the default for restaurant service, but it is not universal: restaurant service at a hotel “specified premises” (broadly, a room tariff above ₹7,500 in the preceding financial year) is taxed at 18% WITH input tax credit instead — check the premises classification before assuming the standard rate applies.
- The Section 9(5) shift to the ECO applies only to the notified restaurant-service value itself; the same order can still generate a separate, ordinary goods supply (a packaged sauce, a bottled drink) that stays the restaurant’s own liability with its own TCS treatment — one settlement statement can legitimately mix both mechanisms.
- Two invoices exist for the same transaction and they serve different purposes: the customer-facing bill (often issued by or through the platform) and the platform’s own commission/settlement invoice to the restaurant — reconciling GST only against the customer bill while ignoring the commission invoice’s own GST/ITC treatment is a common gap.
- The restaurant’s direct counter, takeaway, catering, packaged-goods and platform supplies should not be merged into one tax rule — each channel can carry a different rate, ITC position and invoicing party.
- Platform commission, advertising, logistics and other services supplied to the restaurant carry their own GST and ITC treatment, separate from the restaurant-service rate itself.
The five-point review
| Check | What to examine |
|---|---|
| Supply | Restaurant service, outdoor catering, packaged goods or other service. |
| Channel | Direct, own website or third-party ECO. |
| Taxpayer | Restaurant or ECO under section 9(5). |
| Invoice | Customer document and platform statement. |
| ITC | Restricted restaurant credit versus other business lines and platform services. |
Practical example
A cloud kitchen sells meals through an app and packaged sauces through the same app. The ECO may pay tax under section 9(5) on restaurant service, while the sauce sale remains the kitchen’s goods supply with ordinary seller and TCS consequences. The settlement statement must separate them.
How to apply the framework
Create a product-channel matrix for dine-in, takeaway, catering, packaged goods and each platform. Configure the POS and marketplace mapping accordingly.
Reconcile daily gross orders, cancellations, discounts, delivery charges, platform commission, section 9(5) value and direct sales. Net bank payout is not turnover.
Decision workflow
Define the legal question before changing the return
Identify the GSTIN, tax period, transaction, document and exact statutory question. Review supply, channel and taxpayer together. Freeze the source data so that later ERP edits do not destroy the evidence used for the decision.
Reconcile from commercial reality to portal data
Start with the contract or commercial event. Move through the invoice, receipt or movement evidence, e-invoice or e-way bill, accounting entry, return and electronic ledger. Classify each difference as timing, error, ineligible amount, statutory exception, disputed position or completed correction. Avoid a plug entry whose only purpose is to make two reports equal.
Record the conclusion and future control
Prepare a concise position note with facts, authority, amount, alternative view and approval. Preserve the filing acknowledgement and update the responsible master data, vendor rule, invoice workflow or monthly checklist. The objective is not only to survive one review but to prevent the same issue in the next period.
Action checklist
- Classify every food and service line.
- Map direct versus ECO liability.
- Separate section 9(5) and section 52 transactions.
- Control customer invoices and platform statements.
- Review ITC by business line.
- Reconcile gross orders to returns and bank.
Evidence to keep
- Menu and product catalogue
- Platform agreement and settlement
- Customer invoices/order data
- Commission and advertising invoices
- GSTR-1/3B and ECO reports
Warning signs
- All food taxed under one rule
- Net settlement treated as turnover
- Packaged goods included in section 9(5) restaurant value
- Platform commission ITC claimed without restriction analysis
- Direct sales omitted because platform dominates business
Finin2min takeaway
GST positions are strongest when the transaction, legal provision, invoice, physical or service evidence, books, return and electronic ledger agree. A portal match without commercial evidence is not a complete control.
Frequently Asked Questions
Source and review trail
Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.
- Primary category
- GST & Indirect Tax
- Official starting point
- www.gst.gov.in
Page source links
- See Official References above for the CBIC/GST Council/India Code citations used on this page — cited once there to avoid duplicate reference blocks.
- GST Acts
Primary sources & related provisions
Statutory provisions referenced in this guide: