Asiamet (No. 1) Resources Pty Ltd v Federal Commissioner of Taxation [2003] FCA 35

FEDERAL COURT OF AUSTRALIA

Asiamet (No. 1) Resources Pty Ltd v Federal Commissioner of Taxation [2003] FCA 35 TAXATION – transfer of losses within company group – involvement in Part IVA scheme – determination by Commissioner to disallow deductions – application for extension of time to transfer losses – application for Commissioner to make compensating adjustments – application for deferment of time to pay – exercise of discretion

ADMINISTRATIVE LAW – decision of Commissioner to refuse application for extension of time to transfer losses – application of policy – whether policy unlawful – error of law – whether Commissioner failed to make a decision in respect of application for compensating adjustments – whether Commissioner erred in decision not to grant application for deferment of time to pay Judiciary Act 1903 (Cth), s 39B Income Tax Assessment Act 1936 (Cth)Part IVA, ss 51, 79D, 80G, 177D, 177F Taxation Administration Act 1953 (Cth) ss 255-1, 255-10, 26 Federal Court of Australia Act 1976 (Cth) ss 22, 32 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 7, 9 R v Commonwealth Conciliation & Arbitration Commission; Ex Parte The Angliss Group (1969) 122 CLR 546 referred to Kioa v West (1985) 159 CLR 550 referred to Re JRL; Ex Parte CJL (1986) 161 CLR 342 referred to Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 referred to Commissioner of Taxation v Consolidated Press Holdings Ltd (2001) 207 CLR 235 cited Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 referred to Commissioner of Taxation v Consolidated Press Holdings Ltd (No 1) (1999) 91 FCR 524 cited CPH Property Pty Ltd v Commissioner of Taxation (1998) 88 FCR 21 cited Eaton v Overland [2001] FCA 1834 referred to