Australian Mercantile Land and Finance Co Ltd v Federal Commissioner of Taxation

(1929) 42 CLR 145
(1929) 35 ALR 160
(1929) 2 ALJR 405

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AUSTRALIAN MERCANTILE LAND AND FINANCE v COMMISSIONER

Court:

Judge: Rich J

Subject References:
Taxation and revenue
Income tax
Pastoral leases
Surrender of leases
Acquisition of new leases under Western Lands Act (NSW)
Deduction for 1922-1923
Interpretation of Act
Misdirection

Legislative References:
Income Tax Assessment Act 1922 (Cth) No 37 - ss 23(1)(h)(ii); ss 25(i)

Hearing date: 4 March 1929; 5 March 1929; 6 March 1929; 7 March 1929; 8 March 1929; 15 March 1929;
Judgment date: 15 March 1929

MELBOURNE

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ORDER

Order that so much of the decision of the Commissioner as relates to the allowance of deductions under s. 23 (1) (h) (ii.) of the Income Tax Assessment Act 1922-1923 be set aside and the matter thereof be remitted to him for reconsideration. Save as aforesaid appeal dismissed with costs.