16 Nov 2010
CONTRACT PACIFIC LIMITED V COMMISSIONER OF INLAND REVENUE SC 114/2009
- Citation
- SC 114/2009
- Court
- Supreme Court
Because the Commissioner gave timely notice of investigation under s46(5), s46(1)(b) governed and the refund did not become payable until the Commissioner both determined the amount refundable and was satisfied the taxpayer had complied with tax obligations; a request for information falls within the investigation process; the Commissioner never reached the requisite state of satisfaction, so the claimed refund never became payable and the appeal is dismissed.