Verma, V.K. v. Deputy Commissioner of Taxation [1985] FCA 78

. \2 pages IN THE FEDERAL COURT OF AUSTRALTA

NEW SOUTH WALES DISTRICT REGISTRY No. G420 of 1984

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GENERAL DIVISTON

ON APPEAL from a Single Judge of the Federal Court of Australia BETWEEN : VIRENDRA KUMAR VERMA

Appellant

AND:

DEPUTY COMMISSTONER OF TAXATION

Respondent ORDER JUDGE: FOX, McGREGOR and WILCOX JJ. DATE OF ORDER: 22nd February 1985 EX TEMPORE WHERE MADE: Sydney.

THE' COURF' ORDERS THAT:

i. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

oP 5 TAB Raptor i a es

iN THR FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT PEGISTRY No. G420 of 1984

wewrwnr

GENERAL DIVISTON

ON APPEAL from a Single Judge of the Federal Court of Australia

BETWEEN : VIRENDRA_ KUMAR VERMA

Appellant AND:

DEPUTY COMMISSIONER OF TAXATION

Respondent CORAM: FOX, McGREGOR and WILCOX Jd. DATE: 22 February, 1985 . REASONS FOR JUDGMENT (EX TEMPORE) FOX J. The court will deliver its decision now. What I am

about to say is the judgment of the Court.

This is an appeal froma decision of a judge of this Court sitting in bankruptcy, in which he made an order for the

sequestration of the estate of the present appellant, on the

petition of the respondent the Deputy Commissioner of Taxation.

Teh i ahi atid omelet are hd decade Demeter cacameermmieniaametiieeanenemmmemeted

His Honour refused applications by the appellant to dismiss the petition in reliance upon s.92(2)(b) of the

Bankruptcy Act 1966 and, alternatively, to adjourn the hearing of

the petition, but granted ai stay of proceedings on the sequestration order for twenty-one days. This stay, we are informed, was subsequently extended until the determination of

this appeal.

The situation was, in 1ts elements, common enough. The Deputy Commissioner of Taxation had issued to the appellant a number of _ assessments for income tax. He had disallowed large claims for deductions. The petition was based on the