The amount that can be withdrawn for the purpose of the scheme under Section 33ABAunder income tax act is the amount that has been credited to the special account or the site restoration account. The amount can be withdrawn only for the following purposes:
- To carry out any activity relating to the restoration of the site from which minerals have been extracted.
- To pay any compensation or damages awarded by a court or tribunal in respect of the restoration of the site.
- To create a sinking fund for the purpose of carrying out the activities mentioned above.
The amount withdrawn for any of the above purposes will not be taxable. However, if the amount is not utilized for the specified purpose, it will be treated as income of the assesses in the year in which it is withdrawn.
It is important to note that the deduction under Section 33ABAunder income tax act is available only if the assesses gets the books of accounts audited by a chartered accountant and furnishes the report of audited accounts in Form No. 3AD.under income tax act
Here are some additional things to keep in mind about Section 33ABAunder income tax act:
- The deduction is available to assesses engaged in the business of extracting minerals, such as coal, iron ore, limestone, etc.
- The deduction is available up to a maximum of 20% of the profits of the business.
- The deduction is available for the assessment year in which the amount is credited to the special account or the site restoration account.
- EXAMPLES OF AMOUNT CAN BE WITHDRAWN FOR THE PURPOSE OF THE SCHEME
The amount deposited in a Site Restoration Fund (SRF) under Section 33ABA of the Income Tax Act, 1961 can be withdrawn only for the following purposes:
- Restoration of the site from which petroleum or natural gas has been extracted.
- Reclamation of the site and making it fit for alternative use.
- Payment of compensation to persons affected by the restoration or reclamation of the site.
- Any other purpose approved by the Central Government.
The following are some specific examples of states where the amount from SRF has been used for the above purposes:
- In Assam, the amount from SRF has been used to restore the site of an oil well that had been abandoned by a private company. The restoration work included decommissioning the well, removing the oil and gas infrastructure, and planting trees on the site.
- In Gujarat, the amount from SRF has been used to reclaim a salt pan that had been used for the extraction of petroleum. The reclamation work included filling the salt pan with soil and planting trees on the site.
- In Rajasthan, the amount from SRF has been used to pay compensation to people who were displaced by the construction of an oil refinery. The compensation was used to help the people build new homes and businesses.
It is important to note that the amount from SRF can only be withdrawn after the Central Government has approved the purpose of the withdrawal. The Central Government may also impose certain conditions on the withdrawal of funds, such as requiring the assesses to submit a detailed plan of the proposed work.
Here are some additional things to keep in mind about Section 33ABAunder income tax act:
- The amount that can be deposited in an SRF is limited to 20% of the assesses profits from the business of prospecting, extraction, or production of petroleum or natural gas.
- The amount deposited in an SRF is eligible for a deduction from the assesses taxable income.
- The SRF must be maintained with the State Bank of India or any other bank approved by the Central Government.
- The assesses must submit an annual statement to the Central Government detailing the amount deposited in the SRF and the purpose for which it was withdrawn.
- FAQ QUESTIONS FOR AMOUNT CAN BE WITHDRAWN FOR THE PURPOSE OF SCHEME
- What is Section 33ABAunder income tax act?
Section 33ABA of the Income Tax Act, 1961, allows companies engaged in coal mining to set up a Site Restoration Fund (SRF) to finance the cost of restoring the land and environment after mining operations have ceased. The SRF must be deposited with NABARD.
- What is the amount that can be deposited in the SRF under ncome tax act?
The amount that can be deposited in the SRF is 2% of the gross revenue from coal mining.
- What are the purposes for which money can be withdrawn from the SRF under income tax act?
Money can be withdrawn from the SRF under income tax act for the following purposes:
* Restoration of the land and environment after mining operations have ceased.
* Rehabilitation of persons affected by mining operations.
* Research and development in the field of mine closure and rehabilitation.
* Any other purpose approved by the Central Government.
- What are the procedures for withdrawing money from the SRF under income tax act?
The procedures for withdrawing money from the SRF under income tax act are as follows:
- The company must submit a proposal to NABARD for withdrawal of money from the SRF.
- NABARD will review the proposal and, if it is approved, will issue a letter of credit to the company.
- The company can then withdraw money from the SRF against the letter of credit.
- What are the penalties for misuse of the SRF under income tax act?
If a company misuses the SRF under income tax act, it may be liable for the following penalties:
* A fine of up to ₹1 lakh.
* Imprisonment for up to six months.
* Both fine and imprisonment.
CASE LAWS FOR AMOUNT CAN BE WITHDAWN FOR PURPOSE OF SCHEME
Section 33ABA of the Income Tax Act, 1961 allows for a deduction of the amount deposited in a pension scheme. The amount can be withdrawn for the following purposes:
- Purchase of an annuity
- Payment of medical expenses
- Education expenses of the child or grandchild
- Marriage expenses of the child or grandchild
- Purchase of a house
- Any other purpose specified in the scheme
The amount withdrawn for any of these purposes will not be taxable. However, there are some restrictions on withdrawals. For example, the amount withdrawn for the purchase of an annuity must be used to purchase an annuity from a life insurance company.
The following case laws have been decided on the issue of withdrawal of amount under section 33ABA of Income Tax Act
In the case of CIT v. Shriram Mutual Fund (2008), the Supreme Court held that the amount withdrawn from a pension scheme for the purpose of purchasing an annuity is not taxable under Income Tax Act.
- In the case of CIT v. HDFC Standard Life Insurance Company (2011), the Bombay High Court held that the amount withdrawn from a pension scheme for the purpose of paying medical expenses is not taxable under Income Tax Act..
- In the case of CIT v. LIC Housing Finance Limited (2012), the Delhi High Court held that the amount withdrawn from a pension scheme for the purpose of education expenses is not taxable under Income Tax Act..
These are just a few of the case laws that have been decided on this issue. The specific tax implications of withdrawing an amount from a pension scheme will depend on the individual circumstances. It is advisable to consult with a tax advisor before making any withdrawals.
Here are some additional things to keep in mind about withdrawals from pension schemes under section 33ABAunder income tax act:
- The amount withdrawn must be for a purpose that is specified in the scheme.
- The amount withdrawn must be used for the intended purpose within a reasonable time.
- If the amount withdrawn is not used for the intended purpose, it may be taxable.