Hello,
I would like to understand
1.whether 5% GST rate without ITC is mandatory for a restaurant located in a hotel of which is having decalred tariff as ₹ 5000 per unit per day or can i opt to charge 18% GST on outward supply with ITC.?
2.If the restaurant is supplying cold drink can , will it be covered under restaurant service?
Hotel Restaurants Must Charge 5% GST Without ITC; Cold Drink Cans Also Taxed at 5% Without ITC A participant inquired whether a restaurant in a hotel with a declared tariff of 5000 per unit per day must charge a 5% GST rate without Input Tax Credit (ITC) or if they can opt for an 18% rate with ITC. Additionally, they asked if the supply of cold drink cans falls under restaurant services. Respondents clarified that under the relevant notifications, the 5% GST rate without ITC is mandatory, and there is no option to charge 18%. Cold drink cans are also taxed at 5% without ITC. To challenge this, a writ may be necessary. (AI Summary)