ACT CIVIL & ADMINISTRATIVE TRIBUNAL
KARIM v COMMISSIONER FOR ACT REVENUE
(Administrative Review) [2014] ACAT 76
AT 14/49 & 14/81
Catchwords: ADMINISTRATIVE REVIEW – First Home Owner Grant (FHOG) – failure to meet residence requirement for FHOG – applicant, who was sole registered proprietor, never residing in house – applicant residing overseas - applicant’s wife and children residing in the house - belief formed by applicant from conversation with a government officer that his wife, who was not a registered proprietor of the property, could be joint applicant for FHOG and meet residence requirement – decision to require applicant to repay the amount of FHOG – liability for penalty tax and interest – applicant’s failure to formally communicate with the Department before investigation – whether absence overseas could exempt the Applicant from FHOG requirements – opportunity to seek the exercise of the commissioner’s discretion expired - matters to consider for imposing penalty under the First Home Owner Grant Act 2000 – whether there is reasonable basis for remission of penalty and interest
Legislation cited: ACT Civil and Administrative Tribunal Act 2008, s.68
First Home Owner Grant Act 2008, ss. 5, 7, 12, 13, 15, 20, 23, 31, 47, 48 & 49
Revenue Legislation Amendment Act 2010 (No 1 of 2010), ss. 4
Taxation Administration Act 1999, ss. 31, 48
Regulations cited: ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2) (ACT), Rule 7
Cases cited:Bates v Chief Commissioner for State Revenue [2004] NSWADT 13
Calcaro v Commissioner for State Revenue [2004] NSWADT
158Chakravarty and Commissioner for ACT Revenue [2012] ACAT 68 (affirmed on appeal: Chakravarty and Commissioner for ACT Revenue [2013] ACAT 11
Chief Commissioner of State Revenue v Ferrington (GD) [2004] NSWADTAP 41
Daniell v Commissioner for ACT Revenue [[2008] ACTAAT 1Davey v Commissioner for ACT Revenue [2008] ACTAAT 30
Johnston and Commissioner for ACT Revenue [2007] ACTAAT 18
Mcarthur v Commissioner for ACT Revenue [2012] ACAT 65
Scott and Anor v Commissioner for ACT Revenue [2013] ACAT 73
Steele v Commissioner for ACT Revenue [2010] ACAT 15
Theron & Commissioner for ACT Revenue [2013] ACAT 33
Texts Cited:Black’s Law Dictionary Free, 2nd Edition
Macquarie Dictionary
Western Australian Commissioner’s Practice FHOG 2.1 – Principal Place of Residence
Tribunal: Ms E. Symons – Presidential Member
Date of Orders: 16 December 2014
Date of Reasons for Decision: 16 December 2014
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL )
AT 14/49 and AT 14/81 BETWEEN:
MD MASUD KARIM
Applicant (AT 14/49
AND:
NILUFA SULTANA KARIM
Applicant (AT 14/81)
AND: COMMISSIONER FOR ACT REVENUE
Respondent
TRIBUNAL: Ms E. Symons – Presidential Member
DATE: 16 December 2014
ORDER
The Tribunal Orders that:
1.The decision of AT 14/49 under review is confirmed.
2.The decision of AT 14/81 under review is confirmed.
………………………………..
Ms E. Symons
Presidential Member
REASONS FOR DECISION
These are two applications for review of decision which were heard together on 29 October 2014. They concerned the same reviewable decision of the respondent dated…
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- Case
- [2014] ACAT 76
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
The Tribunal Orders that:
1. The decision of AT 14/49 under review is confirmed.
2. The decision of AT 14/81 under review is confirmed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.