GST
Restaurant in composition serving alcohol
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Facts
Composition for restaurant services is meant for restaurants serving food and non-alcoholic items. Supply of alcohol for human consumption is outside GST and is taxed under State law, but composition limits and conditions must still be checked carefully.
Provisions and law
- Rule 7, CGST Rules 2017Composition rates: 1 percent for manufacturers and traders, 5 percent for restaurant service
- Sec 10(2), CGST Act 2017Lists who cannot opt, such as inter-State outward suppliers and notified manufacturers; all registrations on the same PAN must opt together
- Article 366(12A), Constitution of IndiaAlcoholic liquor for human consumption is outside GST
Analysis
Alcohol sales are not GST supplies, but they count in aggregate turnover as non-taxable supplies and can push you over Rs 1.5 crore. Example: a restaurant with Rs 1 crore food sales adds Rs 70 lakh liquor sales; aggregate turnover becomes Rs 1.7 crore and composition is lost. Take professional advice before adding a bar.
Conclusion
- Estimate food and liquor sales separately
- Check aggregate turnover against the limit
- Check State excise and VAT rules for liquor
- Exit composition through CMP-04 if the limit is crossed
A Savvy can do this for you
Opting into composition, CMP-02
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