February, 2014

Industry R&D Board v Phai See Investments Pty Ltd [2001] FCA 532

February 28th, 2014

In the case of the Industry R&D Board v Phai See Investments Pty Ltd [2001] and Industry Research and Development Board v Mainstar One Holding Pty Ltd [2001], the federal court ruled in favour of Phai See and allowed Mainstar’s application. Background: Phai See and Mainstar applied to the IR&D Board for registration in respect of the year of income ended 30 June 1996, resulting in each application being refused. Applications were made to the AAT for a review of […]

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Industry Research & Development Board v Bridgestone Australia Ltd [2001] FCA 954

February 27th, 2014

In the case of Industry Research & Development Board (IRDB) v Bridgestone Australia, the federal court ruled in favour of the IR&D Board allowing the appeal against Bridgestone. The federal court requested that the matter be remitted to the AAT to be heard and determined again by the Tribunal in accordance with law. Background: This appeal concerns the construction and application of ss 39M and 39C of the Industry Research & Development Act 1986. Bridgestone claimed to be entitled to […]

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Industry Research and Development Board [2000] FCA 979

February 26th, 2014

In the matter of Industry Research and Development (IR&D) Board v Coal & Allied Operations (C&A), the federal court ruled in favor of C&A, dismissing the IR&D Board’s application. Background: The IR&D Board declined to give a certificate in respect of some of C&A’s activities, which C&A claimed were “research and development activities”. The facts relate to C&A’s “Alluvial Lands Project”. The objective was to enable alluvial lands to be mined, and, to that end, to prevent, by the construction […]

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Industry Research & Development Board v Unisys Information Services Australia Pty Ltd [1997] FCA 777

February 24th, 2014

In the case of Industry Research & Development Board v Unisys Information Services Australia, the Commissioner ruled in favour of the Administrative Appeals Tribunal (AAT), finding that there was no intention to exclude the de minimis principle in the interpretation of sections 705-35 and 104-626 of the Income Tax Assessment Act 1997 (ITAA 1997). Background The decision of the AAT was that Unisys is entitled to a favourable certificate under s39L of the Industry Research & Development Act 86. The […]

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