FULL COURT.

Dominion, Volume 3, Issue 644, 22 October 1909, Page 11

FULL COURT.

~ A DISPUTED INCOME TAX, \ '.':- '.■.' ■ ~ ■ -'■ ' ■ . fl ; ;V \. : CON;.FREEZiNG BUSIXESS. '" | : Judgment nas given by tho Full Court yes- ; terday in tho case of Thomas Borthwick and J Sons ■ (Australasia), Limited, ■ vorsiis tho Com- j, miesioner ; for Taxes;.:. .■• ' ... ■ ■ ■ ''■ .Mr.' 'j; H..' Hosking,' ICC., , and" Mr.'.o. Har-: * por appeared'for appellants, and' Mr. T. W.: | Stringer, K.C.,. and. Mr; 11. .Myers' for re-, v 6poridcnt. ■.'- ;■■■ . ' , ' - j ' Objeotion- had: been made, by j appellants in ' regard -..to an' assessment, for tax purposes, of 1 the incomo derived by them from business } done as agents:for-Thomas Borthjvick 'and; j Sons; limited,;o£ ! London; . Tho'Australasia' | company, besides carr.vinfr'on business in New j Zealand as.;. for. the London company, } had freezing iTorks" at'Palii Paki and Waitara.. } The objections of appellants had been'based on i the grounds that no profits had been proved i by.them,. :arid.'that if 1 had >not been■'.••'prpted' 'that-.'tho : transactions' I alleged to havp resulted in profit, to them had- \ taken in New\ Zealand...•■>>.;•-, . " ,; * ..'• The Actiflg-Chief Justico'.said' that evidence had been adduced before 'the Magistrate to ', show-, that :a 5' per'cen,t..'-assessment on the' i net'profit was excessive.-.-Counsel :for tho re- ■ spondent had, in effect.-cdntested'that. His ! Honour: was ,satisfied, however, that tho de- , J cieion of' , tho; Magistrate«could not- bo in-, j teriered with. The assessment had-been made -? on the basis of 5 per cent. of.the minimum ': profit.: ■. It Sn.o- for. appellants- to Vshow what ; their real'profit? had neen. They" could have' ■■ done ;.so, ■ but ,they -did: .not; they confined ' themselves to. adducing : general ovidehco as to ■] what it nyijht be '.: supposed their profits were. ' Appellants'had in., their-possession details which i would show their real profits, and, in the J ■ahuencd of those particulars, whatever view tho ;j Magistrate misht have to the re- J dncibilitv or'otherwise-of the there 'j ; was' nothing which would justify tho Magis- [i trate'in":intoTfering-'vrith the assessment,made ) by tho commissioner. Tho appeal would be dis- j (Biisjed -vrith £V) ,rosts. : ;■"."",■ .... .'] ■ Their -Honours ;■ Justices'Beriniston.vEd.war'dsV. • c Ccfflper, and. Chapman'■ concurred, in the doCisioii. .- :-■:...■■■.: ' '."'.. : - ■ ■",: ..' ' '"' j