Harun Raaj & AssociatesHarun Raaj & Associates

Restaurants · Bangalore · Koramangala · Indiranagar · HSR Layout · Jayanagar

Restaurants in Bangalore: 5% GST no-ITC, Swiggy/Zomato s.9(5), brewpub split, dark kitchens — Koramangala, Indiranagar, HSR, Jayanagar.

Bangalore's restaurant market spans Koramangala dark kitchens, Indiranagar brewpubs, and Jayanagar neighbourhood dining. The 5% no-ITC rule, aggregator GST liability, brewpub supply split, and Karnataka professional tax for staff generate the most compliance gaps in the city's F&B sector.

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The four issues

Where Bangalore restaurant compliance goes wrong.

Bangalore's restaurant market has two layers that most cities don't — brewpubs and dark kitchen ghost brands. Both create GST classification issues beyond the standard 5% no-ITC rule.

01

5% GST — no ITC, even on Koramangala kitchen equipment

Standalone restaurants in Bangalore pay 5% GST with no ITC on inputs — including the 18% GST on commercial kitchen equipment, gas, packaging, and utilities. This is the single biggest GST misunderstanding: operators assume they can offset the 18% paid on inputs against the 5% collected on food. They cannot — the 5% rate is a concessional rate in exchange for forgoing ITC. Karnataka SGST auditors specifically look for ITC claims in restaurant returns.

5% no-ITC · Karnataka SGST audit · hotel >₹7,500/night = 18% with ITC

02

Swiggy / Zomato s.9(5) — dark kitchens and ghost brands

Bangalore has India's highest density of dark kitchens and ghost restaurant brands on Swiggy and Zomato. Under s.9(5), the aggregator pays the GST — the restaurant does not charge or collect GST on those orders. Karnataka SGST has raised questions on whether a 'ghost brand' operated centrally (one kitchen, multiple brand listings) constitutes a separate taxable person or a composite supply. For Koramangala and HSR dark kitchen operators, the brand structure has direct GST implications.

s.9(5) aggregator pays · dark kitchen brand structure scrutiny · Karnataka SGST

03

Brewpub — brewery vs restaurant GST split

Bangalore has India's largest brewpub concentration. Brewery (manufacturing beer) is manufacturing under GST — taxed at standard rates with ITC available on equipment. Restaurant food service is at 5% no-ITC. Alcohol for on-premises consumption is outside GST (state excise only). Mixing brewery and restaurant in one GST return without bifurcation is the primary audit trigger for Bangalore brewpubs. Karnataka SGST has issued notices specifically to brewpubs that failed to separate the supplies.

Brewery = manufacturing GST · alcohol = state excise · kitchen food = 5% no-ITC

04

Rent TDS — Koramangala commercial rates trigger 194I

Koramangala 5th/6th block and Indiranagar 12th Main commercial rents routinely hit ₹3-8L/month — well above the ₹2.4L annual threshold for s.194I TDS. TDS at 10% must be deducted from each rental payment, deposited with the government, and reported in quarterly TDS returns. Many restaurant operators miss this for individual landlords — the most common notice class for Bangalore restaurant operators is TDS default on rent.

s.194I 10% above ₹2.4L/year · individual landlords included · quarterly TDS returns

Bangalore local reality

What's different for Bangalore restaurants.

Karnataka PT for restaurant staff

Karnataka Professional Tax applies to all employees earning above ₹15,000/month. Restaurant owners must register with BBMP/KPT, deduct PT from qualifying staff wages, and remit monthly. Non-compliance: 2% monthly interest on arrears plus penalty. Restaurants with 5+ kitchen/service staff in the ₹15K+ slab must be enrolled.

Brewpub GST split — Karnataka scrutiny

Karnataka SGST specifically targets Koramangala and Indiranagar brewpubs for the brewery-vs-restaurant GST split. One audit trigger: restaurants claiming ITC on beer brewing equipment under the brewery licence while simultaneously reporting all revenue as 5% no-ITC restaurant supply. The two streams must be bifurcated in GST returns.

Dark kitchen brand structure

Sarjapur, HSR, Whitefield, Bellandur have dense dark kitchen clusters with multiple 'ghost brands' (Faasos, Behrouz, The Good Bowl model). Karnataka SGST has questioned whether multiple brands from one GSTIN are separate taxable persons. If registered under one GSTIN, all brands aggregate toward the ₹1.5cr composition ceiling.

Indiranagar/Koramangala direct-order exposure

Koramangala 4th/5th block and Indiranagar 12th Main restaurants get significant direct WhatsApp and phone orders — not through aggregators. These are taxable at 5% under the regular restaurant rate — not s.9(5) (which only applies to orders through Swiggy/Zomato). Mixing direct and aggregator revenue in one GST line is a common mismatch trigger.

Our engagement

Five tracks for a compliant Bangalore restaurant.

01

GST classification and GSTR filing

Confirm 5% vs 18% (hotel) vs brewery split; separate aggregator (s.9(5)) from direct orders in GSTR-1/3B; Karnataka SGST compliance.

Monthly

02

Brewpub GST bifurcation

Separate brewery (manufacturing GST with ITC) from restaurant (5% no-ITC) in returns; Karnataka Excise vs GST boundary management.

Monthly

03

TDS on rent — Koramangala/Indiranagar

Identify TDS obligation on commercial rent; deduct at 10% (s.194I) per payment; quarterly TDS returns (26Q); TDS certificates for landlord.

Monthly / quarterly

04

ITR with 44AD

Business income ITR-3 or ITR-4; 44AD presumptive taxation if below ₹3cr and eligible; aggregator TCS credit (Swiggy/Zomato 1% TCS) reconciliation in 26AS.

Annual

05

Karnataka PT enrollment for staff

BBMP/KPT enrollment; monthly PT deduction and remittance for qualifying employees; annual PT reconciliation.

Monthly

Common questions

Statute-cited answers for Bangalore.

We run a restaurant and a microbrewery in Koramangala. How do we split the GST?

The brewery and the restaurant are separate supplies under GST. Beer sold for on-premises consumption is outside GST — it falls under Karnataka Excise (state tax), not GST. Food served in the restaurant is 5% GST with no ITC. Kitchen equipment ITC on the restaurant side is blocked. Brewery equipment ITC may be available for the manufacturing activity — but only if properly bifurcated in your returns. If you club both under one GST return as '5% restaurant supply', Karnataka SGST will disallow the brewery ITC and may question whether all revenue is correctly classified. Separate the revenue streams, register the brewery manufacturing activity correctly, and maintain distinct accounts.

Our Indiranagar restaurant gets orders through Zomato and also through direct WhatsApp. Do both get the same GST treatment?

No — they are treated differently. Zomato orders: under section 9(5), Zomato pays the GST — you do not charge or collect GST on those orders. Report them in GSTR-1 as outward supplies through e-commerce operators (with nil tax on your side). Direct WhatsApp/phone orders: these are your own restaurant supplies — charge 5% GST, collect it from the customer, report in GSTR-1 as regular taxable outward supplies, and pay in GSTR-3B. Mixing them in one GST line either over-reports your liability (if you pay GST on aggregator orders too) or under-reports (if you exclude direct orders from regular supply).

We pay ₹4L/month rent for our HSR Layout restaurant to an individual landlord. No TDS so far — what's the exposure?

Section 194I requires TDS at 10% when annual rent exceeds ₹2.4 lakh — regardless of whether the landlord is an individual or a company. At ₹4L/month (₹48L/year), you should deduct ₹40,000/month TDS. From the first month of non-deduction, interest at 1.5% per month accrues. If you have paid rent for 12 months without TDS, the interest alone is 1.5% × 12 = 18% of the TDS amount. Additionally, section 271C permits a penalty equal to the TDS amount. The total exposure can exceed the original TDS default. Rectify now — file a belated TDS return, pay the TDS (with interest), and issue Form 16A to your landlord.

We're a dark kitchen in Sarjapur with two ghost brands on Swiggy. Do we file GST as two entities or one?

One entity — one GSTIN. Ghost brands (multiple menu brands operated from one kitchen by one business entity) are not separate taxable persons. You file GST returns under your single GSTIN. All revenue from both brands is aggregated under that GSTIN. The practical implication: if both brands together cross ₹1.5cr, you exit the Composition scheme eligibility. In GSTR-1, the revenue from each brand is reported as outward supply — but there's no separate registration required per brand. Karnataka SGST has not issued guidance specifically on ghost brand multi-brand aggregation, but the general principle is that it's one taxable supply from one person.

Is the 44AD presumptive scheme available for a Bangalore restaurant?

Yes, subject to the turnover ceiling. Under section 44AD, a business (including a restaurant) with aggregate turnover below ₹3 crore (from FY 2023-24, provided less than 5% of receipts are in cash — otherwise ₹2 crore) can declare 8% of turnover as net income (or 6% for fully digital receipts). No books required, no audit required below the threshold. For a restaurant where most receipts are UPI/aggregator payouts, the ₹3cr ceiling and 6% digital rate apply. At ₹2cr revenue and 6% declared income = ₹12L taxable profit — which may be lower or higher than actual; if lower, you benefit from 44AD. If actual profit exceeds 6%/8%, you must maintain full books and get a tax audit.

Book a diagnostic

Bangalore restaurant compliance review — 30 minutes.

We confirm GST classification (including brewpub/dark kitchen structure), check aggregator classification, review rent TDS and Karnataka PT obligations. No obligation until you know your risk.

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