Federal Court of Australia
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CATCHWORDS Income Tax - Application for leave to appeal against a decision of the Supreme Court of Victoria - substantial question to be determined - importance to the taxpayer -
questions of general importance involved.
Income Tax Assessment Act 1936: ss. 25(1); 26(a); 26AAA;
196(5)(a).
Jennings Industries Limited v The Commissioner of Taxation of
the Commonwealth of Australia.
VG222 of 1983
Sweeney J
Melbourne
20 December 1983.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG222 of 1983
GENERAL DIVISION
BETWEEN: JENNINGS INDUSTRIES LIMITED * 7 Applicant and
THE COMMISSIONER OF TAXATION OF THE
COMMONWEALTH OF AUSTRALIA
Respondent
ORDER
JUDGE MAKING ORDER: Sweeney J
WHERE MADE: Melbourne
DATE OF ORDER: 20 December 1983
THE COURT ORDERS THAT:
1. Leave be granted to the applicant
to appeal.
2. Costs be reserved.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
) ) ) No. VG222 of 1983 ) )
GENERAL DIVISION
BETWEEN: JENNINGS INDUSTRIES LIMITED
Applicant
and
THE COMMISSIONER OF TAXATION OF THE
COMMONWEALTH OF AUSTRALIA
Respondent
Coram: Sweeney J
Place: Melbourne
Date: 20 December 1983
Reasons for Judgment
This is an application by Jennings Industries Limited (the taxpayer) for leave, pursuant to s. 196(5)(a) of the Income Tax Assessment Act 1936 (the Act) for leave to appeal to a Full Court of this Court from a decision of the Supreme Court of Victoria, constituted by Mr Justice Marks, on an appeal to that Court from a decision of Commonwealth Taxation Board of Review Number 2, upholding the Commissioner's amended assessment, notice of which was issued on 15 July 1977, in respect of income derived by the taxpayer during the year
ended 30 June, 1974, which imposed on the taxpayer a
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