Case S47/2012

Commissioner of Taxation v. Qantas Airways Limited

Case No.

S47/2012

Case Information

Lower Court Judgment

1/09/2011 Federal Court of Australia (Stone J, Edmonds J, Perram J)

[2011] FCAFC 113

Catchwords

Taxation — Goods and services tax — Taxable supply — Contract for supply of services — Airline travel — When Goods and services tax ("GST") is payable — Passenger made booking and paid fare but did not take actual flight or receive refund — Whether taxable supply is the making of the reservation itself or the actual travel — Whether the respondent made a "taxable supply" within the meaning of section 9-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) in circumstances where passengers made and paid for reservations or bookings for flights which they subsequently did not take — Whether an amount received as consideration under a contract for supplies is to be excluded from the calculation of GST unless all of the supplies contemplated by the contract are made.

Short Particulars

Documents

10/02/2012 Hearing (SLA, Sydney)

21/02/2012 Notice of appeal

09/03/2012 Written submissions (Appellant)

09/03/2012 Chronology (Appellant)

30/03/2012 Written submissions (Respondent)

10/04/2012 Reply

04/06/2012 Hearing (Full Court, Brisbane)

05/06/2012 Hearing (Full Court, Brisbane)

02/10/2012  Judgment  (Judgment summary)