Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation of the Commonwealth of Australia v Barossa Vines Ltd [2014] FCA 20 Citation: Commissioner of Taxation of the Commonwealth of Australia v Barossa Vines Ltd [2014] FCA 20
Parties: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v BAROSSA VINES LTD (ACN 081 232 091), ANTONIO DE FRANCESCA, MARIO DE FRANCESCO, LUCIANO SIGNORE and FRANK SIGNORE
File number: SAD 146 of 2012
Judge: BESANKO J
Date of judgment: 3 February 2014
Catchwords: TAXATION – Taxation Administration Act 1953 (Cth) s 290-50(2) – civil penalties – managed investment scheme – product rulings – implementation of a scheme in a way materially different from that described in a product ruling – joint submissions on proposed pecuniary penalties – totality principle. Held: Pecuniary penalties of $625,000 for the first respondent and $125,000 for each of the third, fourth, fifth and sixth respondents imposed.
Legislation: Income Tax Assessment Act 1997 (Cth) ss 8-1, 35-10, 35-55, 995-1 Taxation Administration Act 1953 (Cth) Sch 1 s 290-50
Cases cited: Australian Competition and Consumer Commission v P & N Pty Ltd [2014] FCA 6 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Pearce v The Queen (1998) 194 CLR 610
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