Commissioner of Taxation v Asiamet (No.1) Resources Pty Limited [2004] FCAFC 73

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v Asiamet (No.1) Resources Pty Limited [2004] FCAFC 73 ADMINISTRATIVE LAW – appeal by Commissioner against orders setting aside a decision not to extend time in which to transfer losses under s 80G – after deductions claimed by transferor company upon which losses were founded were disallowed. INCOME TAX – validity of Ruling TR 98/12 Administrative Decisions (Judicial Review) Act 1977 Income Tax Assessment Act 1936 (Cth) sx79D, 80G(6A)(b) "A" v Pelekanadis [1999] FCA 236 referred to Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989) 86 ALR 119 referred to Australian Competition and Consumer Commission v Leelee Pty Ltd [1999] FCA 1121 referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied Commissioner of Taxation v CPH Property Pty Limited (1999) 91 FCR 524 referred to CPH Property Pty Limited v Commissioner of Taxation (1998) 88 FCR 21 referred to Harts Australia Ltd v Commissioner of Taxation (2001) 109 FCR 405 cited Hoare v The Queen (1989) 167 CLR 348 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Queensland Medical Laboratory v Blewett (1985) 86 FCR 615 referred to R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 referred to R v Toohey; ExParte Meneling Station Pty Ltd (1982) 158 CLR 327 referred to Rathbone v Abel (1964) 38 ALJR 293 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 77 ALJR 699 referred to Singh v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 152 referred to Tickner v Chapman (1995) 57 FCR 451 referred to Tobacco Institute of Australia v National Health and Medical Research Council (1996) 71 FCR 265 referred to COMMISSIONER OF TAXATION v ASIAMET (NO.1) RESOURCES PTY LIMITED AND ORS N 193 OF 2003 RYAN, FINKELSTEIN & ALLSOP JJ 30 MARCH 2004 SYDNEY