Federal Court of Australia
4 O | CATCHWORDS
Income Tax - Assessment - Amendment - Whether mistake of fact
~ Whether full and true disclosure.
Income Tax Assessment Act 1936, s.170.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v. SLATER HOLDINGS PTY. LIMITED
No. G35 of 1980
Coram: Bowen C.J., Brennan and Lockhart JJ.
26 November 1980.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G35 of 1980
) GENERAL DIVISION )
ON APPEAL from the Supreme Court of New South Wales
BETWEEN:
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appellant
AND:
SLATER HOLDINGS PTY. LIMITED
Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Brennan and Lockhart JJ. DATE OF ORDER: 26 November 1980. WHERE_MADE: Sydney.
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders of the Supreme Court of New South Wales be set aside.
3. The matter be remitted to the Supreme Court to determine, within the limits of the grounds relied on by the
respondent company in its objection to the amended
assessment, whether that amended assessment 1s correct, and to make such order as to costs of the original proceedings before that Court and of the proceedings hereby remitted as it sees fit.
The respondent company pay to the appellant Commissioner
his costs of the appeal to this Court.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G35 of 1980
) GENERAL DIVISION )
ON APPEAL from the Supreme Court of New South Wales BETWEEN :
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appellant
AND:
SLATER HOLDINGS PTY. LIMITED
Respondent
CORAM: Fowen C.J., Brennan and Lockhart JJ.
26 November 1980.
REASONS FOR JUDGMENT
Ogg Holdings Ltd. is a company limited by guarantee. The respondent taxpayer was one of its members. The taxpayer's return of income for the year ended 30 June 1970 disclosed the receipt from Ogg Holdings Ltd. of the sum of $26,900. The taxpayer's return divided the amount received into three parts, asserting that two parts of the amount were non- taxable. Under the heading "Dividends and Distributions
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