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04 Jul 07 No FOI during on-going audit - Mitab

The AAT has dismissed a taxpayer's request for review of a decision made under the Freedom of Information Act 1982 (Cth) refusing access to certain documents relating to an audit being carried out by the Commissioner under the ITAA 1936. At the time of the request, the audit was on-going and incomplete. The AAT was of the opinion that the disclosure of the withheld documents prior to the conclusion of the audit process could reasonably be expected to prejudice the conduct of the Commissioner’s investigation into the taxpayer’s tax affairs: Mitab Pty Ltd (as Trustee for Lorden Number One Trust) and FCT [2007] AATA 1491 (AAT, Olney AM QC DP, 29 June 2007).

For a copy of the decision, go here

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