Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 108

108. Section 202 of the Principal Act is repealed and the following section is
substituted: Adjustment of tax after appeal

"202. (1) Where, by reason of an alteration of an assessment on an appeal or
reference, a person's liability to tax is reduced-

   (a)  the amount by which the tax is so reduced shall be taken, for the
        purposes of section 207, never to have been payable; and

   (b)  the Commissioner shall-

        (i)    refund the amount of any tax overpaid; or

        (ii)   apply the amount of any tax overpaid against any liability of
               the person to the Commonwealth, being a liability arising
               under, or by virtue of, an Act of which the Commissioner has
               the general administration, and refund any part of the amount
               not so applied.

"(2) Where, by reason of an alteration of an assessment on an appeal or
reference, a person's liability to tax is increased, the amount of the
increased tax is recoverable from the person.

"(3) In this section, unless the contrary intention appears, 'tax' includes
additional tax under section 207 or Part VII.".