Site Restoration Fund: Clause 49 and Schedule X of the Income Tax Bill, 2025 vs. Section 33ABA of the Income Tax Act, 1961

Clause 49 Site Restoration Fund.

Income Tax Bill, 2025

Introduction

The Income Tax Bill, 2025 introduces significant changes through Clause 49, read with Schedule X, concerning the Site Restoration Fund for businesses involved in the prospecting, extraction, or production of petroleum or natural gas in India. This provision is designed to replace and update the existing framework u/s 33ABA of the Income Tax Act, 1961. The primary objective is to streamline the process of deductions related to site restoration funds and align them with modern economic and environmental considerations. This article provides a comprehensive analysis of the new provisions, compares them with the existing law, and discusses the implications for stakeholders.

Objective and Purpose

The legislative intent behind Clause 49 and Schedule X is to provide a structured mechanism for businesses in the petroleum and natural gas sectors to manage site restoration obligations. The provisions aim to ensure that adequate funds are set aside for environmental restoration post-extraction activities, thereby promoting sustainable business practices. Historically, Section 33ABA served a similar purpose, but the new provisions reflect a more contemporary approach, considering advancements in environmental policy and business practices.

Detailed Analysis

Clause 49 of the Income Tax Bill, 2025

Clause 49 allows deductions for businesses engaged in petroleum or natural gas extraction, contingent on deposits made into a special or site restoration account. The deductions are calculated based on deposits as per Schedule X, which outlines specific rules and conditions for these accounts.

Schedule X of the Income Tax Bill, 2025

• Quantum of Deduction: The deduction is limited to the lesser of the total deposit in the specified account or 20% of the profits from the business, calculated before other deductions.
• Conditions for Claiming Deduction: The assessee must have an agreement with the Central Government and maintain audited accounts. Deposits must be made by the end of the tax year into specified accounts.
• Withdrawal from Specified Account: Withdrawals are restricted to purposes specified in the schemes. If funds are misused, they are treated as taxable income.
• No Deduction for Expenditure Met Through Withdrawn Amounts: Expenditures funded by withdrawals from the specified account are not deductible.
• Sale or Transfer of Assets: If assets acquired through the scheme are sold within eight years, related deductions are reversed and taxed as income.

Comparison with Section 33ABA of the Income Tax Act, 1961

• Similarities: Both provisions allow deductions based on deposits into specified accounts for site restoration. They share similar conditions regarding the agreement with the Central Government and the need for audited accounts.
• Differences:
  • Schedule X introduces more detailed conditions for withdrawals and specifies penalties for misuse of funds.
  • The new provisions emphasize environmental sustainability and compliance with updated government schemes.
  • There is a clearer definition of "specified articles or things" that cannot be purchased with withdrawn funds under the new bill.

Practical Implications

The new provisions under Clause 49 and Schedule X will impact businesses by imposing stricter compliance requirements for managing site restoration funds. Companies must ensure that deposits and withdrawals align with the specified schemes to avoid taxation on misused funds. The emphasis on environmental restoration aligns with global trends towards sustainable business practices, potentially affecting investment and operational strategies in the sector.

Comparative Analysis

Compared to international standards, the updated provisions bring Indian tax law closer to global best practices in environmental accountability for resource extraction industries. The focus on detailed compliance and auditing requirements reflects a shift towards greater transparency and accountability.

Conclusion

Clause 49 and Schedule X of the Income Tax Bill, 2025 represent a significant evolution in the regulatory framework for site restoration funds in India. By enhancing the existing provisions u/s 33ABA, the new law aims to promote sustainable practices while ensuring compliance with modern environmental standards. Businesses in the petroleum and natural gas sectors must adapt to these changes to optimize their tax positions and support environmental stewardship.

Full Text:

Clause 49 Site Restoration Fund.

Dated: 6-3-2025