The Commissioner of Taxation for the Commonwealth of Australia v. Travelex Limited

Lower Court Judgment

14/02/2020 Federal Court of Australia (Kenny, Derrington and Steward JJ)

[2020] FCAFC 10

Catchwords

Taxation –Overpayments –Interest –Where supplies which were GST-free wrongly included in Business Activity Statement –Where on 28 June 2012 Commissioner allocated credit of$149,020 to respondent’s Running Balance Account (“RBA”) and recorded “effective date” of allocation as 16 December2009 –Whether Commissioner’s actions on 28 June 2012, even if made in error and unreflective of any entitlement under a taxation law on part of respondent, created obligation on part of Commissioner to refund “RBA surplus” within meaning of Pt IIB of Taxation Administration Act 1953(Cth) and entitlement on part of respondent to interest under Taxation (Interest on Overpayments and Early Payments) Act 1983(Cth).