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GST on Food Items – Restaurant vs Packaged Food

Food is one of the most common expenses for individuals and families in India. However, the GST rate on food items depends on how the food is supplied — whether it is served in a restaurant or sold as packaged food in shops or supermarkets.

Understanding this distinction is important because the GST rate, input tax credit (ITC), and compliance requirements vary significantly.

In this blog, we explain the GST treatment of restaurant food vs packaged food in India in a simple and practical manner.


1. GST on Food Served in Restaurants

Under GST, restaurants are treated as service providers because they provide not just food but also ambience, seating, service, and other facilities.

GST Rate on Restaurant Food

Type of RestaurantGST RateInput Tax Credit
Regular Restaurants5%Not Allowed
AC / Non-AC Restaurants5%Not Allowed
Restaurants in Hotels (Room tariff below ₹7,500)5%Not Allowed
Restaurants in Hotels (Room tariff above ₹7,500)18%Allowed

Key Points

• Most restaurants charge 5% GST without ITC.
• This rule was introduced to simplify taxation and reduce compliance.
• Customers normally see GST included in the restaurant bill.
• Restaurants cannot claim ITC on raw materials or services used in preparing food when taxed at 5%.

Example

If you dine at a restaurant and the bill amount is:

Food Bill = ₹1,000
GST @ 5% = ₹50

Total Payable = ₹1,050


2. GST on Packaged Food Items

Packaged food refers to pre-packed food items sold in sealed packages such as:

• Biscuits
• Namkeen
• Packaged sweets
• Chips
• Instant noodles
• Ready-to-eat food

These are treated as supply of goods, not services.

GST Rates on Common Packaged Food

Food ItemGST Rate
Packaged & labelled food grains5%
Biscuits18%
Namkeen / Bhujia12%
Chocolates18%
Ready-to-eat packaged food12% or 18%

Important Update

Since July 2022 GST changes, even pre-packaged and labelled food items such as:

  • Wheat flour
  • Rice
  • Pulses

are taxable at 5% GST, whereas earlier many of them were exempt.


3. Restaurant Food vs Packaged Food – GST Comparison

ParticularsRestaurant FoodPackaged Food
Nature of SupplyServiceGoods
GST RateMostly 5%5% – 18%
Input Tax CreditNot allowed (generally)Allowed
BillingRestaurant billProduct MRP invoice
PackagingPrepared & servedPre-packed

4. Why GST Rates Are Different

The government differentiates between these two because:

1️⃣ Restaurants provide services like seating, staff, and ambience.
2️⃣ Packaged food is a manufactured product.
3️⃣ Input tax credit availability differs to balance tax revenue.

This classification ensures that the GST system treats goods and services appropriately.


5. Practical Examples

Example 1 – Eating in a Restaurant

A family eats at a restaurant and their food bill is ₹2,000.

GST @ 5% = ₹100

Total Bill = ₹2,100


Example 2 – Buying Packaged Food

You buy packaged biscuits worth ₹100.

GST @ 18% = ₹18

Total Price = ₹118


Conclusion

The GST on food items in India depends on the nature of supply. Food served in restaurants is taxed as a service at 5% without ITC, while packaged food items are treated as goods and can attract GST ranging from 5% to 18% with input tax credit available.

For businesses, correctly classifying the supply as restaurant service or packaged goods is essential to ensure proper GST compliance and avoid disputes with tax authorities.

Also Read:

GST on Freelancers and Content Creators in India

chatgpt image mar 11, 2026, 03 22 42 pm

Section 24 of CGST Act: Compulsory GST Registration

Below are the main categories where GST registration becomes mandatory.


1. Persons Making Inter-State Taxable Supply

If a person supplies goods or services from one state to another state, GST registration becomes compulsory.

Example

Rahul lives in Delhi and sells graphic design services to a company in Mumbai.

Even if Rahul earns only ₹3 lakh per year, he is making an inter-state supply, therefore:

➡ Rahul must obtain GST registration.


2. Casual Taxable Persons

A casual taxable person is someone who occasionally supplies goods or services in a state where they do not have a fixed place of business.

Example

A clothing seller from Jaipur sets up a stall in a Delhi exhibition for 5 days.

Even if he sells products worth ₹50,000, he must obtain temporary GST registration as a casual taxable person.


3. Persons Required to Pay Tax under Reverse Charge (RCM)

In some transactions, the buyer (recipient) is required to pay GST instead of the seller.

This is called Reverse Charge Mechanism (RCM).

If a person is liable to pay tax under RCM, GST registration becomes compulsory.

Example

A company hires services from an unregistered transporter.

The company may have to pay GST under RCM, therefore GST registration is required.


4. E-Commerce Operators

Businesses that operate online marketplaces where other sellers list their products must register under GST.

Example

Companies like:

  • Amazon
  • Flipkart
  • Meesho

These platforms are called e-commerce operators, and GST registration is compulsory for them.


5. Persons Supplying Through E-Commerce Platforms

If you sell products through platforms like:

  • Amazon
  • Flipkart
  • Meesho

GST registration is generally mandatory, even if your turnover is small.

Example

Priya sells handmade jewellery through Amazon.

Her yearly sales are ₹1.5 lakh, but since she sells through an e-commerce platform, she must obtain GST registration.

(Note: Some service providers have been given relaxation by the government.)


6. Input Service Distributor (ISD)

Large businesses with multiple branches often distribute input tax credit (ITC) from their head office to other branches.

Such offices are called Input Service Distributors (ISD) and must register under GST.

Example

A company has offices in:

  • Delhi
  • Mumbai
  • Bangalore

The head office distributes GST credit to branches, therefore it must obtain ISD registration.


7. Non-Resident Taxable Persons

A non-resident taxable person is someone who:

  • Does not have a fixed place of business in India
  • But supplies goods or services in India

Such persons must obtain GST registration before starting business.

Example

A foreign company participates in a trade exhibition in India and sells products there.

It must obtain GST registration as a Non-Resident Taxable Person.


8. Persons Required to Deduct TDS under GST

Certain government departments and notified entities must deduct Tax Deducted at Source (TDS) under GST.

These entities must register under GST.

Example

A government department makes a payment of ₹5 lakh to a contractor.

The department may be required to deduct GST TDS, therefore GST registration becomes mandatory.


9. Persons Required to Collect TCS

E-commerce operators must collect Tax Collected at Source (TCS) from sellers using their platform.

Such operators must obtain GST registration.


10. Agents Supplying on Behalf of Other Persons

If a person supplies goods or services as an agent for another business, GST registration becomes compulsory.

Example

A commission agent sells agricultural equipment for a manufacturer.

Even if his commission income is small, he must obtain GST registration.


Important Point to Remember

If a person falls under Section 24, the GST exemption limit does not apply.

This means:

  • Even ₹1 of business turnover
  • Can require GST registration.

Simple Summary

GST registration becomes compulsory if you:

✔ Supply goods/services to another state
✔ Sell through e-commerce platforms
✔ Operate an e-commerce marketplace
✔ Participate in exhibitions or temporary sales
✔ Pay GST under reverse charge
✔ Work as an agent for another business
✔ Deduct TDS or collect TCS under GST


Conclusion

Section 24 of the CGST Act ensures that certain categories of businesses must register under GST regardless of their turnover.

This rule mainly applies to:

  • Online sellers
  • Inter-state suppliers
  • Agents
  • E-commerce businesses
  • Casual traders

Understanding this provision is important because operating without required GST registration can lead to penalties and legal issues.

If you are starting a new business, freelancing, or selling online, it is always advisable to check whether Section 24 applies to you before assuming that GST registration is not required.

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