Chartered Accountant
316 Points
Joined January 2016
Restaurant service providers are eligible for composition if T/O is below INR 1.5 crores subject to condition that No ITC, cannot collect taxes from customers, no inter-state procurements.
Where he has not opted for composition, then he shall be liable to pay GST at applicable rates. However, in this scenario, he can collect taxes from customer and remit to ex-chequer.
The option adopted by the restaurant can be checked based on the invoice or bill of supply issued by him for the service. In case, he issues Bill of Supply, then it can be implied that he has opted for Composition scheme. Else, it can be implied that he has opted for Regular scheme. However, this can not be the sole criterion/ deciding factor.