GST on food in India is not one rate. It ranges from zero to 28% depending on what the product is, whether it's branded, what the HSN code is, and sometimes how it's packaged. Getting this wrong is expensive: incorrect GST on invoices creates compliance risk, and mispriced MRP built on the wrong tax assumption can quietly kill your margins.
| GST Rate | Category | Examples |
|---|---|---|
| 0% | Unbranded and loose staples; fresh produce | Fresh fruits, vegetables, eggs, fresh milk, loose rice, loose dal, unbranded atta sold loose (not in sealed branded pack) |
| 5% | Branded packaged staples in sealed containers with registered trademark | Branded atta, maida, suji, rice, dal, besan in retail packs; curd, lassi, buttermilk in sealed containers; branded honey; edible oils (some) |
| 12% | Processed and semi-processed food; most snacks | Namkeen, bhujia, mixtures, roasted/fried snacks, dry fruits, nuts (processed), biscuits, bread (packaged), ghee, butter, cheese |
| 18% | Higher-processed food and some beverages | Corn flakes and other ready-to-eat breakfast cereals, some food preparations under HSN 2106, packaged drinking water (above 20L — smaller packs at 12%) |
| 28% | Aerated and carbonated beverages | Aerated drinks, carbonated water with sugar, pan masala, chewing gum |
The "branded" distinction is important. Under GST law, a product sold under a registered trademark in a sealed container is treated as branded and attracts the applicable rate. If you've filed for trademark registration but it isn't granted yet, the position depends on whether you're actually using the mark in commerce — consult your CA.
The same GST rate applies to all transactions, but how it's split depends on whether the sale is within a state or across state lines.
Intra-state sale (manufacturer and buyer in the same state): GST splits equally into CGST (Central GST) and SGST (State GST). At 12% total, that's 6% CGST + 6% SGST.
Inter-state sale (manufacturer and buyer in different states): The entire rate is charged as IGST (Integrated GST). At 12%, the invoice shows 12% IGST.
The net amount the buyer pays is identical. The difference is how ITC flows — IGST credit can be used to offset CGST, SGST, or future IGST, while CGST credit can only offset CGST and IGST, and SGST credit only SGST and IGST. For businesses selling across India, the IGST route for inter-state supplies typically gives more flexibility in ITC utilisation.
HSN (Harmonised System of Nomenclature) codes determine the tax rate. The first four digits matter most for GST classification.
| HSN Code | Category | Typical GST |
|---|---|---|
| 1101–1106 | Flours — wheat, maida, suji, besan, other | 5% (branded, sealed) |
| 1901 | Malt extract, food preparations of flour — includes some baby foods, health drinks | 18% |
| 1905 | Bread, biscuits, pastry, cakes, wafers, rusks | 12% (biscuits, others) |
| 2008 | Nuts, peanuts, dried fruits, other prepared food — roasted makhana, trail mixes | 12% |
| 2101 | Extracts, essences of coffee/tea; roasted chicory | 12% |
| 2106 | Food preparations not elsewhere classified — protein supplements, nutritional powders, certain snacks | 18% |
| 2202 | Water and other non-alcoholic beverages | 12% (packaged water <20L); 18% (>20L, larger dispensers) |
| 2309 | Animal feed preparations | Varies; often 0% for basic cattle feed |
HSN 2106 is a common catch-all that many new food products fall into when they don't fit neatly elsewhere. Products under 2106 often attract 18% GST — a meaningful difference if you had assumed 12%. If your product could be classified under 2008 (12%) or 2106 (18%), getting the classification right saves money and avoids a compliance headache later.
If your business is GST registered, you can claim credit for GST paid on inputs — raw materials, primary packaging, secondary packaging, freight (if the transporter is GST registered), and business services. This ITC offsets your GST liability on sales.
You cannot claim ITC on inputs used for exempt supplies. If you sell a mix of GST-applicable and GST-exempt products, ITC must be apportioned accordingly.
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