Commonwealth Bank Officers Superannuation Corporation Pty Limited v Commissioner of Taxation [2003] FCA 794

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank Officers Superannuation Corporation Pty Limited v Commissioner of Taxation [2003] FCA 794 SUPERANNUATION – Section 8(5)(b) of the Superannuation Contributions (Assessment and Collection) Act 1997 (Cth) – whether a decision made under s 8(5)(b) forms part of the assessment of surcharge on a member's surchargeable contributions. ADMINISTRATIVE LAW – the extent of the powers of the Administrative Appeals Tribunal when exercising jurisdiction to review a decision of the Commissioner to disallow an objection to an assessment of surcharge on a member's surchargeable contributions under the Superannuation Contributions (Assessment and Collection) Act 1997 (Cth). Administrative Appeals Tribunal Act 1975 (Cth) s 43(1) Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cth) ss 8(5), 15(1), 24 Taxation Administration Act 1953 (Cth) Part IVC Comcare v Burton (1998) 50 ALD 846 followed Deputy Commissioner of Taxation of the Commonwealth of Australia v Richard Walter Pty Limited (1995) 183 CLR 168 distinguished Fletcher v Commissioner of Taxation (1988) 19 FCR 442 referred to COMMONWEALTH BANK OFFICERS SUPERANNUATION CORPORATION PTY LIMITED v COMMISSIONER OF TAXATION N 1328 of 2001 BRANSON J 31 JULY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1328 of 2001

BETWEEN: COMMONWEALTH BANK OFFICERS SUPERANNUATION CORPORATION PTY LIMITED

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 31 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The question: 'On review under section 14ZZ of Part IVC of the Taxation Administration Act 1953 ('the Administration Act') of a decision by the Respondent to disallow an objection against assessments issued under the Superannuation Contribution Tax (Assessment and Collection) Act 1997 to the Applicant as trustee of the Officers Superannuation Fund for the financial year ended 30 June 2001, does the Administrative Appeals Tribunal under sections 25 and 43 of the Administrative Appeals Tribunal Act 1975 or otherwise have power, pursuant to s 8(5)(b) of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, to approve in writing another method of calculating the actuarial value of the benefits that accrued to, and the value of the administration expenses and risk benefits provided in respect of, the members in respect of whom the assessments are issued for the purpose of calculating surchargeable contributions for those members?' be decided 'No'. 2. The applicant pay the respondent's costs of the decision of the question decided in paragraph 1 hereof.