Newspaper reports in the recent past have suggested that the Ministry of Finance has gone back on its commitment to provide tax holiday in respect of profits derived from the commercial production of both oil and natural gas. CBDT wishes to clarify that this is not correct.

Section 80-IA(4E), the predecessor section to section 80-IB(9), was introduced in the financial year 1997-98. Section 80-IB(9) replaced section 80-IA(4E) with effect from the financial year 1999-2000. However, there is no material difference in the content or substance of the old provision and the new provision. Subsequent to its introduction, bidding has taken place under NELP I to NELP VI and no request for amendment of the section was received from any quarter.

Meanwhile, whether natural gas is included in the expression "mineral oil" was raised by certain contracting parties before different authorities, including tribunals and courts. This issue is, therefore, sub-judice and it would only be appropriate to allow the Courts to resolve this issue. This has been abundantly clarified by the Finance Minister in his reply to the debate on the Finance Bill, 2008 in the Lok Sabha.

Furthermore, as oil exploration companies are aware, under Production Sharing Contracts with the Government of India, the exploration company is entitled to recover the full costs (as cost petroleum) before profits are shared with the Government or subject to any tax.

BSC/KP/BS/166-08

Tax holiday for oil and gas clarified: statutory treatment upheld while courts address whether natural gas is 'mineral oil.' The CBDT confirms that the statutory tax holiday for profits from oil and natural gas production remains substantively unchanged after replacement of section 80-IA(4E) by section 80-IB(9), notes the question whether natural gas is included in 'mineral oil' is sub-judice and for courts to decide, and reiterates that under Production Sharing Contracts exploration companies recover full costs as cost petroleum before profit sharing or taxation.