Recent Cases

Sunlite Australia Pty Ltd v Commissioner of Taxation [2023] FCAFC 43 (21 March 2023) (COLVIN, O’SULLIVAN AND FEUTRILL JJ)


TAXATION – appeal against decision of the Australian Administrative Appeals Tribunal – where Commissioner conducted an audit and issued amended assessments – where Commissioner disallowed objection – where Tribunal upheld Commissioner’s decision save as to the shortfall penalty – where appeal brought under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where applicant contends that the Tribunal erred in its construction of s 355-205 Income Tax Assessment Act 1997 (Cth) – where applicant contends that as a result of error in construction the Tribunal failed to determine the main issue – where respondent disputes both grounds – where respondent maintains that proceedings are incompetent as applicant seeks to raise new matters – where applicant claims entitlement to notional deduction pursuant to Income Tax Assessment Act Division 355 – where tax offset may be available for R&D entities which incur R&D expenditure – consideration of meaning of entity under Income Tax Assessment Act – consideration of circumstances in which Court on appeal from Tribunal may make factual findings – appeal dismissed