On a Swiggy or Zomato order, the food value is taxed at 5% (no ITC) and the platform — not the restaurant — deposits it under Section 9(5) of the CGST Act. Since GST 2.0 (22 September 2025), the app's delivery fee and platform fee attract 18% GST. Cloud kitchens are treated as restaurants at 5%.
GST on a Food Delivery Order — Decision Table
Every component of a Swiggy/Zomato bill, its GST rate, who deposits the tax and whether Input Tax Credit is available.
| Component | GST Rate | Who Pays | ITC |
|---|---|---|---|
| Restaurant food value | 5% | Platform (ECO · Sec 9(5)) | No |
| Delivery fee (app) | 18% | Platform | No* |
| Platform / convenience fee | 18% | Platform | No* |
| Packaging charged by restaurant | 5% | With food (composite) | No |
| Cloud kitchen — via Swiggy/Zomato | 5% | Platform (ECO) | No |
| Cloud kitchen — own app/website | 5% | Cloud kitchen | No |
| Hotel restaurant (tariff ≥ ₹7,500) | 18% | Platform / hotel | Yes |
| Grocery / instamart packaged goods | Item HSN | Seller / platform | Varies |
* For a business ordering employee meals, ITC on the whole order (food + delivery) is blocked under Section 17(5)(b). Delivery/platform-fee GST rose to 18% under GST 2.0 (eff 22 Sep 2025). Confirm on the official GST portal before invoicing.
Section 9(5) — The Platform Pays the Food GST
Since 1 January 2022, Zomato and Swiggy are Electronic Commerce Operators (ECOs) and "deemed suppliers" of restaurant service under Section 9(5) of the CGST Act. The liability to pay the 5% GST on food shifted from the restaurant to the platform.
- The food value is taxed at 5% — deposited by the platform, not the restaurant.
- From 22 September 2025, the app's delivery fee and platform/convenience fee carry 18% GST as the platform's own service (earlier treated as a pass-through to riders).
- The restaurant reports these supplies in its GST returns but does not pay tax on them again.
The food rate stayed at 5%, but the GST Council closed the loophole that let platforms treat delivery fees as a rider pass-through. Swiggy/Zomato delivery and platform fees now attract 18% GST, adding roughly ₹2–3 to a typical order.
Selling on Swiggy/Zomato? Reconcile your payouts with your GST returns.
Get Delivery GST Advice →How GST Adds Up on a ₹500 Order
A ₹500 food order with a ₹40 delivery fee and a ₹10 platform fee from a standard (non-hotel) restaurant:
5% Food value
18% Delivery + platform fee
Total payable ≈ ₹584. The platform deposits ₹25 (food, 5%) under Section 9(5) and ₹9 (fees, 18%) as its own service. The restaurant collects no GST on this order.
Restaurant food — no ITC
- Food value on every order
- Standalone restaurants & cloud kitchens
- Dine-in, takeaway & delivery alike
- Platform deposits it under Sec 9(5)
- Input Tax Credit not available
App fees — platform's service
- Delivery fee charged by the app
- Platform / convenience / handling fee
- Surge or peak-time fee
- Since 22 September 2025 (GST 2.0)
- Paid by the platform, not the restaurant
Want your Swiggy/Zomato GST reconciled every month?
Talk to a GST Expert →GST for Cloud Kitchens
A cloud kitchen (delivery-only, no dine-in) is treated as a restaurant service and charges 5% GST with no ITC. Who deposits the tax depends on the sales channel:
- Orders through Swiggy / Zomato — the platform pays the 5% under Section 9(5); the kitchen charges no GST.
- Orders through the kitchen's own app, website or phone — the cloud kitchen itself collects and pays the 5%.
- GST registration is mandatory once turnover crosses ₹20 lakh (₹10 lakh in special-category states); a separate FSSAI licence is also required.
You charge GST yourself if
- You sell through your own website/app or over the phone
- You run a subscription or corporate-meal model directly
- You supply catering or bulk orders off-platform
The platform pays it if
- All orders come through Swiggy / Zomato (ECO)
- You are a pure delivery kitchen on aggregators
- You have no direct-ordering channel
Launching a cloud kitchen? Get GST + FSSAI set up together.
Get Cloud-Kitchen Setup →ITC on Food Delivery — Who Can Claim It?
The 5% restaurant rate carries no ITC for the restaurant, and a business ordering meals for staff cannot claim ITC either. Here is the full picture:
| Situation | ITC? | Reason |
|---|---|---|
| Restaurant / cloud kitchen on 5% rate | No | 5% rate is without ITC on inputs |
| Business orders employee meals via app | No | Blocked under Sec 17(5)(b) — food & beverages |
| Delivery / platform fee GST for a business | No | Part of the blocked food supply |
| Hotel restaurant at 18% (specified premises) | Yes | 18% rate carries full ITC |
| Outdoor catering contract (event) | No | Blocked for the recipient under Sec 17(5)(b) |
ITC on food, beverages and outdoor catering is blocked for the end recipient under Section 17(5)(b) of the CGST Act.
Because the platform deposits the 5% food GST, restaurants often forget to report Section 9(5) supplies in GSTR-1 and GSTR-3B. Mismatches between app payout statements and GST returns are a common notice trigger — reconcile them monthly.
Frequently Asked Questions
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