Federal Commissioner of Taxation v ICI Australia Ltd
127 CLR 5291972 - 1201A - HCA
Between: Federal Commissioner of Taxation
And: ICI Australia Ltd
Judges:
Barwick CJ
McTiernan J
Menzies J
Gibbs J
Subject References:
Taxation and revenue
Income tax
Deductions
Mining operations
Whether plant or articles
Legislative References:
Income Tax Assessment Act 1936 (Cth) - s 62AA; s 54; s 122
Judgment date: 1 December 1972
SYDNEY
ORDER
Appeal dismissed.
Cross-appeal allowed only in so far as it concerns the claim of the respondent to a deduction under s. 62AA of the Income Tax Assessment Act 1936-1966 (Cth) which was disallowed by the appellant.
Order made by Mr. Justice Walsh varied by deleting the setting aside of the assessment, and remitting the assessment to the appellant to be amended in conformity with the judgment delivered in the appeal and cross-appeal, including the allowance of a deduction of $44,460 pursuant to s. 62AA.
The appellant to pay the respondent's costs of the appeal and cross-appeal.
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