30 Nov 2005
LOPAS AND ANOR V THE COMMISSIONER OF INLAND REVENUE CA CA253/04
- Citation
- openlaw-fc91081f_22b2_44af_a3cf_24fd5b937c7a.pdf
- Court
- Court of Appeal
The Court held that the phrase "the amount specified for the purposes of section 51(1)" in s 52(1) refers to the monetary threshold ($30,000) in s 51(1)(a) and not to the whole of s 51(1); because the sale to related trusts was planned at the time of the deregistration application it could be treated as a supply in the relevant 12 months so the Commissioner lawfully re-exercised his cancellation power under s 52(2) (permitted by s 13 Interpretation Act) to set the cancellation date to 30 November 1999, making the Commissioner’s amendment lawful and dismissing the taxpayers' appeal.