Commissioner of Taxation v. MBI Properties Pty Ltd

Lower Court Judgment

18/10/2013 Federal Court of Australia (Edmonds J, Farrell J, Davies J)

[2013] FCAFC 112

Catchwords

Taxation - A New Tax System (Goods and Services Tax) Act 1999 (Cth) ("Act"), s 135-5 - Third party owner of estate in fee simple granted lease to tenant for ten year term - Third party sold reversion to respondent who received rent after sale - Declaration made by Full Federal Court that there was no supply by respondent to tenant - Commissioner of Taxation assessed respondent on basis that s 135-5 applied - Respondent objected on ground that there was no supply - Whether there was "continuing supply" after sale of reversion of lease to respondent - Whether respondent had "increasing adjustment" under s 135-5 of Act.

Short particulars