Federal Court of Australia
JUDGMENT No. uh 22% pL
CATCHWORDS INCOME TAX - Allowable deductions - Company carrying on business as producer and exporter of wood chips ~ Contribution
towards estimated cost of widening, re-routing, upgrading and sealing of part of an existing road and construction of new section of road in order to allow traffic on Princes Highway to by-pass Merimbula - Whether outgoing properly characterised as an outgoing of capital or of a capital nature
Income Tax Assessment Act 1936 (Cth), s.51(1)
HARRIS-DAISHOWA (AUSTRALIA) PTY LIMITED v COMMISSTONER OF TAXATION
No. ACT G 48 of 1993
Neaves J. 20 December 1994 Canberra
AUSTRALIA
PRINCIPAL REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G 48 of 1993 DISTRICT REGISTRY
ee eee ee ee aed
GENERAL DIVISION
BETWEEN: HARRIS-DAISHOWA (AUSTRALIA) PTY LIMITED
Applicant AND: COMMISSTONER OF TAXATION
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER
Neaves J.
DATE OF ORDER
cry
20 December 1994
WHERE MADE Canberra
THE COURT ORDERS THAT: 1. The application be dismissed.
2. The decision disallowing the applicant's objection to its assessment to income tax in respect of the accounting period ended 31 December 1991 (adopted in substitution for the year of income ended 30 June 1992) be affirmed
3. The applicant pay the respondent's costs of and incidental to the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G 48 of 1993 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
BETWEEN: HARRIS-DAISHOWA (AUSTRALIA) PTY LIMITED
Applicant AND: COMMISSIONER OF TAXATION
Respondent
CORAM: Neaves J.
DATE: 20 December 1994
REASONS FOR JUDGMENT
The applicant, Harris-Daishowa (Australia) Pty Limited, has applied to the Court by way of appeal from the decision of the respondent, the Commissioner of Taxation, disallowing an objection against the applicant's assessment to income tax in respect of the accounting period ended 31 December 1991 (adopted in substitution for the year of income ended 30 June 1992). By that decision, the respondent declined to allow as a deduction from the applicant's assessable income for that accounting period an amount of $750,000 expended by the applicant in circumstances to which it will be necessary to refer. It is common ground that the resolution of the appeal in relation to the accounting period ended 31 December 1991 will determine whether amounts of
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