Supply of Food and Beverages

 

1. Treated Supply of Service- Schedule II

The following composite supplies shall be treated as a supply of services, namely:—

(b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.

 

2. Composition Scheme

Ø Notwithstanding anything to the contrary contained in this Act but subject to

Ø the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate

Ø turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in

Ø lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but

Ø not exceeding,––

Ø (b) two and a half per cent. of the turnover in State or turnover in Union territory in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and subject to such conditions and restrictions as may be prescribed:

 

(2) The registered person shall be eligible to opt under sub-section (1), if:—

Ø (a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule II;

Ø (b) he is not engaged in making any supply of goods which are not leviable to tax under this Act;

Ø (c) he is not engaged in making any inter-State outward supplies of goods;

Ø (d) he is not engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52; and

Ø (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council:

 

3. Non AC Non Liquor Restuarants- 12% (9963) [Sl. No. 7(i) of N/N 11/2017-CTR]

Ø Supply,

Ø by way of or as part of any service or in any other manner whatsoever,

Ø of goods, being food or any other article for human consumption or drink,

Ø where such supply or service is for cash, deferred payment or other valuable consideration,

Ø provided by a restaurant, eating joint including mess, canteen,

Ø neither having the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year nor having licence or permit or by whatever name called to serve alcoholic liquor for human consumption.

§  GST Rate is 12%.

 

 

Under Service tax law, there was NIL tax. State Vat on supply of food and beverages  was however applicable

 

4. Liquor License/Permitted Restaurants [Sl. No. 7(iii) of N/N 11/2017-CTR]

 

—  Supply,

—  by way of or as part of any service or in any other manner whatsoever,

—  of goods, being food or any other article for human consumption or any drink,

—  where such supply or service is for cash, deferred payment or other valuable consideration,

—  provided by a restaurant, eating joint including mess, canteen,

—  having licence or permit or by whatever name called to serve alcoholic liquor for human consumption.

      @ 18%

 

Under Service tax law, there was NIL tax. State Vat on supply of food and beverages  was however applicable

 

 

5. AC Restuarants [Sl. No. 7(iv) of N/N 11/2017-CTR]

 

—  Supply,

—   by way of or as part of any service or in any other manner whatsoever,

—  of goods, being food or any other article for human consumption or any drink,

—  where such supply or service is for cash, deferred payment or other valuable consideration,

—  provided by a restaurant, eating joint including mess, canteen,

—  having the facility of air-conditioning or central air-heating in any part of the establishment, at any time during the year.

—  @ 18%

 

Service tax rate was 40% of 15% i.e. 6%. State Vat on supply of food and beverages  was however applicable

 

6. Outdoor catering [Sl. No. 7(v) of N/N 11/2017-CTR]

Ø Supply,

Ø  by way of or as part of any service or in any other manner whatsoever

Ø  in outdoor catering

Ø  wherein goods, being food or any other article for human consumption or any drink

Ø (whether or not alcoholic liquor for human consumption), as a part of such outdoor catering

Ø and such supply or service is for cash, deferred payment or other valuable consideration.

 

@ 18%

Service tax rate was 60% of 15%= 9%. State Vat on supply of food and beverages  was however applicable

 

 

7. Food along with Renting of Premises [Sl. No. 7(vii) of N/N 11/2017-CTR]

Ø Supply,

Ø by way of or as part of any service or in any other manner whatsoever,

Ø of goods,

Ø including but not limited to food or any other article for human consumption or any drink (whether or not alcoholic liquor for human consumption),

Ø  where such supply or service is for cash, deferred payment or other valuable consideration,

Ø in a premises (including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organising a function)

Ø together with renting of such premises.

@ 18%

 

Service tax rate was 70% of 15%= 10.5%. State Vat on supply of food and beverages  was however applicable

 

Continue reading “Supply of Food and Beverages”

Services of Commission agent under GST

  1. As per section 2(5) of CGST Act“agent” means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another
  2. Section 6 of Notification 11/2017 deals with Distributive Trade Services
  3. Heading 9961 deals with Services in wholesale trade and is taxable @ 18%. As per Explanation attached to Services in whole sale trade

Continue reading “Services of Commission agent under GST”

A registered person is supplying manufactured food products to another person. Transportation charges are required to be paid by the supplier but are actually paid by the recipient. Whether this transportation charges would be added in the supply value?

If the supplier is liable to pay any amount in relation to a supply, such amount would be a part of transaction value, even if the same has been paid by the recipient. In this case, the transportation charges shall be added to the value of supply.

(FAQ-3 Food Processing)

A registered person is sending semi-cooked food from his manufacturing unit at Gurgaon to his branch in Delhi. Is he required to pay any tax?

In accordance with the provisions of section 25(4) of the CGST Act, 2017, branches in different States are considered as distinct persons. Further, as per Schedule I, this constitutes supply made in the course or furtherance of business between distinct persons even if made without consideration. As it is an inter-State supply, the registered person is required to pay IGST.

(FAQ-2 : Food Processing)