Federal Court of Australia
CATCEWORDS
Income Tax - allowable deduc tions - pecuniary penalties
paid by taxpayer for breaches of Trade Practices Act - whether outgoings incurred in gaining or producing assess- able income - penalties incurred for activities relating to the manner of carrying on business - whether deductible items
- public polacy.
Income Tax Assessment Act (Cth.) 1936 - s.51(1)
Trade Practices Act (Cth.) 1974 - ss.48, 76, 77, 78
MADAD PTY. LIMITED v. THE COMMISSIONER OF TAXATION
No. 35 of 1984
Fox, Fisher and Beaumont, JJ. 5 October 1984. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY } ) GENERAL DIVISION ) No. 35 of 1984
ON APPEAL from the Supreme Court of Queensland
BETWEEN : MADAD PTY. LIMITED Appellant AND: THE COMMISSIONER OF TAXATION Respondent ORDER Judges making order: Fox, Fisher and Beaumont, Jd. Date order made: 5 October 1984. Where made: Sydney. THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs in the
proceedings.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON
No. 35 of 1984
wee
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN :
MADAD PTY. LIMITED
Appellant AND:
THE COMMISSIONER OF TAXATION
Respondent
CORAM: FOX, FISHER and BEAUMONT JJ.
=]
ATE: 5 October 1984,
REASONS FOR JUDGMENT
THE COURT:
This appeal from a decision of the Supreme Court of Queensland (Kelly J.) concerns the question whether a penalty
imposed on the taxpayer under s.76 of the Trade Practices Act
1974 for a breach of s.48 of that Act is deductible by it under
s.51l of the Income Tax Assessment Act 1936.
The sections of the Trade Practices Act referred to are
as follows:
"48. A corporation or other person shall not engage in the practice of resale price maintenance."
(The particular acts which constitute the practice of resale price maintenance are set out in s.96(3).4
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