Harun Raaj & AssociatesHarun Raaj & Associates

Restaurants · Hyderabad · Banjara Hills · Jubilee Hills · Gachibowli

Restaurants in Hyderabad: hotel GST rate split, Swiggy/Zomato s.9(5), NRI landlord TDS, catering cash limits — Banjara Hills, Jubilee Hills, Gachibowli.

Hyderabad's restaurant market runs from Jubilee Hills fine-dining to Gachibowli cloud kitchens. The GST hotel-restaurant rate split, aggregator liability, NRI landlord TDS obligations, and cash catering limits are four distinct notice risks — each specific to Hyderabad's F&B market structure.

Book a diagnosticGST calculator →

The four issues

Where Hyderabad restaurant GST goes wrong.

Each of these has generated specific notices in the Hyderabad market. The hotel-restaurant split and NRI landlord TDS are the two most Hyderabad-specific risks.

01

5% vs 18% — the hotel-restaurant split

Standalone restaurants pay GST at 5% with no ITC. But if the restaurant is inside a hotel where any room tariff exceeds ₹7,500 per night, the restaurant's food and beverage is taxed at 18% with ITC. Hyderabad's Banjara Hills and Jubilee Hills have many hotel-restaurants in this trap zone — the operator charges 5% (standalone rate) when the correct rate is 18% (hotel rate). Telangana SGST has specifically scrutinised this split, and demand notices with interest have been issued to Hyderabad hotel-restaurants that miscategorised.

5% standalone · 18% hotel >₹7,500/night · Telangana SGST audit focus

02

Swiggy / Zomato — section 9(5) aggregator liability

For orders through Swiggy or Zomato, GST liability is on the aggregator (e-commerce operator) under section 9(5) — not on the restaurant. The Gachibowli/Kondapur cloud kitchen belt is almost entirely s.9(5) supply — the restaurant does not collect or charge GST on aggregator orders. Misclassifying these as regular restaurant supply in GSTR-1 (double-counting GST) or excluding them entirely (under-declaring turnover) both generate GST notices.

s.9(5) CGST · aggregator pays GST · restaurant excluded from charging

03

Composition scheme — ₹1.5cr Telangana ceiling

Restaurants below ₹1.5cr aggregate turnover can opt for Composition — flat 5% on turnover, quarterly CMP-08 filing. Telangana SGST rate mirrors CGST. Turnover from Swiggy/Zomato orders counts toward the ₹1.5cr ceiling even though the restaurant doesn't collect GST on those orders — the aggregate still tracks. No inter-state catering supply allowed under Composition. A Hyderabad restaurant that caters to a client in Bangalore while under Composition violates the scheme.

₹1.5cr ceiling · Swiggy/Zomato turnover counts · no inter-state supply

04

TDS on rent and NRI landlord — different rates

Banjara Hills Road No. 10/12 restaurant rents routinely exceed ₹5L/month. For a resident individual landlord: TDS at 10% under s.194I on annual rent above ₹2.4L. For an NRI landlord: TDS at 30% (or DTAA rate) under s.195 — requires Form 15CA/15CB before each remittance. Many Jubilee Hills restaurants lease from NRI landlords and wrongly deduct at 10% under s.194I — the correct rate is s.195. The difference (20% × rent paid) becomes a TDS default demand.

s.194I resident landlord 10% · s.195 NRI landlord 30% · Form 15CA/15CB

Hyderabad local reality

What's different for Hyderabad restaurants.

Telangana SGST hotel-restaurant audit

Telangana SGST department has specifically targeted hotel-restaurants in Hyderabad for the 5%-vs-18% rate misclassification. If your hotel has any room category above ₹7,500/night and you charged 5% GST on food, expect demand notices for the 13% difference plus interest at 18% per annum.

Gachibowli cloud kitchen belt

Gachibowli, Kondapur, and Nanakramguda have dense cloud kitchen operations running purely through Swiggy Instamart and Zomato Hyperpure. These are entirely s.9(5) supply — the operator has zero GST collection obligation. But Karnataka SGST (and Telangana SGST) have raised questions on whether dark kitchen 'ghost brands' operated by a central brand are separate taxable persons.

Biryani/catering cash receipts

Hyderabad's bulk biryani and wedding catering market involves large orders from a single customer. Any cash receipt above ₹2L from one person in a single transaction (or in aggregate across transactions) violates s.269ST — penalty is 100% of the amount. Caterers taking ₹3L cash advances for wedding orders should convert to NEFT/UPI immediately.

Telangana PT for restaurant staff

Karnataka PT slabs apply to employees earning above ₹20,000/month in Telangana — employer must deduct and remit monthly. Restaurants with 5+ kitchen/service staff in this slab must be enrolled with the Telangana PT authority. Non-compliance: arrears + interest.

Our engagement

Five tracks for a compliant Hyderabad restaurant.

01

GST rate determination and GSTR filing

Confirm 5% vs 18% classification for hotel-restaurants; classify aggregator vs direct orders correctly in GSTR-1/3B; composition scheme eligibility assessment.

Monthly / Annual

02

Aggregator order reconciliation

Reconcile Swiggy/Zomato payout statements against GSTR — exclude s.9(5) orders from restaurant's GST liability; verify turnover counts for Composition ceiling.

Monthly

03

TDS on rent — resident vs NRI landlord

Identify landlord residential status; deduct TDS at 10% (s.194I) or 30% (s.195); prepare Form 15CA/15CB for NRI remittances; quarterly TDS returns.

Monthly / quarterly

04

Income tax — ITR-3 or ITR-4

Business income ITR with 44AD presumptive option (if below ₹3cr and eligible); actual books if above threshold; Swiggy/Zomato TCS credit reconciliation in 26AS.

Annual

05

s.269ST cash discipline

Review receipts from single customers — flag any cash aggregates above ₹2L in the year; convert advance payment structure to digital to avoid 100% penalty.

Ongoing

Common questions

Statute-cited answers for Hyderabad.

Our restaurant is inside a hotel in Jubilee Hills. The hotel tariff goes up to ₹9,000/night. What's our GST rate?

18% with ITC — not 5%. When any room category in the hotel exceeds ₹7,500 per night, all food and beverages served in that hotel (dine-in, room service, banquets, the standalone restaurant on premises) are taxed at 18% GST. You can claim ITC on kitchen equipment, raw materials, and utilities. This is the rule that has been the basis for Telangana SGST demand notices against upscale Jubilee Hills hotel-restaurants that charged 5%. If you've been charging 5%, compute the 13% difference on all restaurant turnover and assess your exposure — proactive rectification is better than a demand.

We operate a cloud kitchen in Gachibowli — all orders through Swiggy. Do we charge GST on orders?

No. For restaurant services supplied through an e-commerce operator (Swiggy, Zomato), the GST liability is on the operator under section 9(5) of the CGST Act — not on you as the restaurant. Swiggy pays the GST and files its own GST returns for those orders. You receive the payout net of commission and GST. In your GSTR-1, these supplies are reported as outward supplies through e-commerce operators (not as regular taxable supply). You still file monthly GSTR-1 and GSTR-3B — but the tax payable on aggregator orders is nil for you. Your own direct orders (if any) carry the 5% rate.

We pay rent to our NRI landlord in Banjara Hills. He says to deduct TDS at 1% under 194IA. Is that right?

No — section 194IA applies to TDS by a buyer of immovable property (not rent). For rent paid to a non-resident landlord, section 195 applies — TDS at 30% (basic rate) or at the applicable DTAA rate if the landlord provides a Tax Residency Certificate and Form 10F. Before each rent remittance to an NRI, you must also file Form 15CA (self-declaration by payer) and obtain a Chartered Accountant's certificate in Form 15CB. Deducting at 1% or 10% under s.194IA/s.194I for an NRI landlord is a TDS default — the difference becomes a demand with interest.

A wedding client paid us ₹4L cash for a catering order. Is that a problem?

Yes — this is a section 269ST violation. Section 269ST prohibits receiving ₹2L or more from a single person in cash in a single day, in a single transaction, or through multiple transactions in respect of a single event. A ₹4L cash catering advance for one wedding from one client is a single transaction above ₹2L — penalty under section 271DA is 100% of the amount received, which is ₹4L. The section applies regardless of whether the income is declared in the ITR. The remedy for future transactions is to insist on payment via NEFT/UPI/cheque. For past transactions already done, the penalty is at the AO's discretion but is technically attracted.

We are below ₹1.5cr turnover in Hyderabad. Should we use the composition scheme?

Probably yes — if your restaurant is standalone dine-in or delivery within Telangana only. Under the composition scheme: pay 5% flat on turnover quarterly (CMP-08), no monthly GSTR-1/3B, no ITC (which is blocked anyway at 5% regular rate). The effective compliance reduction is significant. Restrictions: no inter-state supply (no catering outside Telangana), no B2B invoice with GST (so corporate clients who need a GST invoice cannot use your composition invoices for their ITC). If your turnover from Swiggy/Zomato is significant, note that the aggregator-handled supply still counts toward your ₹1.5cr ceiling even though you don't pay GST on it — monitor the aggregate carefully.

Book a diagnostic

GST health check for your Hyderabad restaurant — 30 minutes.

We confirm the correct GST rate (5% or 18%), check aggregator order classification, review landlord TDS obligations and cash receipt compliance. No obligation until you know your risk.

Book a diagnostic
National restaurants hub →GST calculator →GSTIN validator →