14 Dec 2010
THE COMMISSIONER OF INLAND REVENUE V THE FISHING COMPANY LTD HC AK CIV-2010-404-004955
- Citation
- openlaw-e62c938b_96e6_4210_8561_d3e9f21b1003.pdf
- Court
- High Court
The Commissioner established a prima facie case to put the company into liquidation because the statutory demand was not complied with and the Tax Administration Act assessments are presumptively correct; the company's GST refund claim cannot be ignored entirely but the company failed to prove to the clear and persuasive standard that the GST input credit is sufficiently established; r5.61 does not preclude consideration of the refund claim in the court's discretionary decision because insolvency set-off under s310 would apply on liquidation; solvency remains undecided pending advertisement a…