Commissioner of Taxation of the Commonwealth of Australia v Offshore Oil N.L. [1980] FCA 136

CATCHWORDS.

Income Tax — Amended income tax assessments issued pursuant to amended returns - assessable income increased - objection to amended assessments ~— extent to which right of objection limited by proviso in s.185 - Jurisdiction of Federal Court

to entertain appeal and cross-appeal.

Income Tax Assessment Act 1922 (Cth.) s.37(1);

Income Tax Assessment Act 1936 (Cth.) ss. 173, 185, 199, 200.

THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF

AUSTRALIA v. OFFSHORE OIL N.L.

No. N.S.W. G.81 of 1979. CORAM: Franki, Deane and Lockhart JJ.

3 October 1980. SYDNEY.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT Bag ISTRY No. G81 of 1979

GENERAL DIVISION. )

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES ADMINISTRATIVE LAW DIVISION.

BETWEEN: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTIT OF AUSTRALIA

Appellant

AND: OFFSHORE OIL N.L.

Respondent

ORDER.

JUDGES MAKING ORDER: Franki, Deane and Lockhart JJ. DATE OF ORDER : 3 October, 1980 WHERE MADE : SYDNEY.

THE COURT ORDERS THAT:

1. The Commissioner's appeal from the decision of the Supreme Court of New South Wales on

the preliminary point is dismissed.

2. The taxpayer's cross-appeal, so as to permit the taxpayer to object to the amended assessments by claiming the benefit of the relevant deductions to the extent of the

amount by which its assessable income in

each tax year was increased by the inclusion therein of interest which had accrued due in the previous tax year and was received

in that tax year, is allowed.

The proceedings are remitted tothe Supreme Court of New South Wales for further hearing

and determination.

The Commissioner pay the taxpayer's costs

of the appeal and cross-appeal.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. G.81 of 1979

) GENERAL DIVISION )

BETWEEN: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA