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GST & Indirect Tax

Restaurant and Food Delivery GST: Platform, Invoice and Rate Controls

Restaurant and Delivery GST
CA Nikhil Gupta·May 2026·3 min readGST

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.

Finin2min 2-minute answer: Most restaurant service — dine-in, takeaway, cloud kitchen, sold directly or through a food-delivery app — is taxed at 5% GST without input tax credit under Notification 46/2017-Central Tax (Rate). Since 1 January 2022, if the order comes through a notified e-commerce operator (ECO) like a delivery app, the ECO itself pays that 5% under Section 9(5) instead of the restaurant, and does not additionally collect TCS on that same value. The one common exception: restaurant service at a hotel “specified premises” (broadly, one that charged over ₹7,500 a night for any room in the preceding financial year) is taxed at 18% WITH input tax credit from 1 April 2025 under Notification 05/2025-CT(Rate) — do not apply the 5%-no-ITC assumption to that category without checking.
Statutory test

Restaurant service is generally taxed under the notified rate framework, commonly without ordinary input-tax credit under the conditions of the entry.

Evidence

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.

Exposure

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.

Control

The restaurant’s direct counter, takeaway, catering, packaged-goods and platform supplies should not be merged into one tax rule.

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

CheckWhat to examine
SupplyRestaurant service, outdoor catering, packaged goods or other service.
ChannelDirect, own website or third-party ECO.
TaxpayerRestaurant or ECO under section 9(5).
InvoiceCustomer document and platform statement.
ITCRestricted 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

Who pays GST on restaurant service through a notified ECO? ▼
The ECO under section 9(5).
Does the ECO collect TCS on that restaurant-service value? ▼
The official circular says no for that section 9(5) value.
Are packaged food products treated the same? ▼
No.
Can the restaurant claim all platform-service ITC? ▼
The restaurant-rate conditions and business-use allocation must be applied.

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

Primary sources & related provisions

Statutory provisions referenced in this guide: