Excise Tax Act

Marginal note:Disposition of appeal

• 81.31 (1) After hearing an appeal under this Part, the Federal Court — Trial Division may dispose of the appeal by making such order, judgment, finding or declaration as the nature of the matter may require including, without limiting the generality of the foregoing, an order

  • (a) dismissing the appeal; or

  • (b) allowing the appeal in whole or in part and vacating or varying the assessment or determination or referring it back to the Minister for reconsideration.

• Marginal note:Order

  (2) Subject to subsection (3), on the disposition of an appeal, the Federal Court — Trial Division may order payment or repayment of any tax, penalty, interest, sum or costs.

• Marginal note:Costs

  (3) Where the amount in dispute on an appeal by the Minister, other than by way of counter-claim or cross-demand, from a decision of the Tribunal does not exceed ten thousand dollars, the Minister, on disposition of the appeal, shall pay all reasonable and proper costs of the other party to the appeal in connection therewith.

• Marginal note:Penalty where no reasonable grounds for appeal to Court

  (4) Where the Federal Court — Trial Division disposes of an appeal in respect of an assessment or where such an appeal to the Court is discontinued or dismissed without a hearing, the Court may, on application by the Minister and whether or not the Court awards costs, order the person instituting the appeal to pay to the Receiver General an amount not exceeding ten per cent of the amount that was in controversy, if the Court determines that there were no reasonable grounds for the appeal and that one of the main purposes for instituting or maintaining the appeal was to defer the payment of any tax, penalty, interest or other sum payable under this Act.