Cooperative Bulk Handling Ltd v Commissioner of Taxation [2010] FCA 508

FEDERAL COURT OF AUSTRALIA

Cooperative Bulk Handling Ltd v Commissioner of Taxation [2010] FCA 508 Citation: Cooperative Bulk Handling Ltd v Commissioner of Taxation [2010] FCA 508

Parties: COOPERATIVE BULK HANDLING LTD v COMMISSIONER OF TAXATION

File number: WAD 292 of 2008

Judge: GILMOUR J

Date of judgment: 25 May 2010

Date of Corrigendum: 28 May 2010

Catchwords: INCOME TAX – application for private ruling to exempt taxpayer from income tax pursuant to s 50-40 of the Income Tax Assessment Act 1997 (Cth) – proper construction of s 50-40 – whether taxpayer is established for purpose of promoting the development of Australian agricultural resources - whether taxpayer carried on for the profit or gain of its individual members

Words and Phrases: "Australian agricultural resources", Income Tax Assessment Act 1997 s 50-40 Item 8.2, "promoting the development of", Income Tax Assessment Act 1997 s 50-40 Item 8.2

Legislation: Taxation Administration Act 1953 (Cth), ss 14ZQ, 14ZY(1A), 14ZZ, 14ZZO, 14ZZP, 359-1, 359-50 Income Tax Act 1842 (UK) Income Tax Assessment Act 1936 (Cth) s 23(h) Income Tax Assessment Act 1997 (Cth) s 50-40 Income Tax Management Act 1941 (NSW) s 19(o) Income Tax and Social Services Contribution Assessment Act 1936-1960 (Cth) s 57AA Bulk Handling Amendment Act 2002 (WA) Bulk Handling Act 1935 (WA) Bulk Handling Act 1967 (WA) s 35A Customs Act 1901 (Cth) s 164 Companies (Co-operative) Act 1943 (WA) Co-operative Act 1923-1941(NSW)s 5 Excise Act 1901 (Cth) s 78A Sales Tax (Exemptions and Classifications) Act 1992 (Cth) Item 3, Schedule 1