Précis: The taxpayer moved under Rule 58(1) for determination of an issue:
Was the Minister statute barred on February 19, 2016 from assessing GST collectible totalling $640,492.69 on the supply of investment management services made by the Appellant to three pension plan trusts (assuming such supplies were made), for the reporting periods from August 1, 2003 to July 31, 2004 and from August 1, 2004 to July 31, 2005?
The taxpayer argued that the new reassessments, which arose out of prior assessments to which it had objected, arose out of separate transactions and were, accordingly, statute-barred.
The Tax Court held that this was not an appropriate case for a determination under Rule 58(1) since many of the necessary facts were not before the Court and that the matter should be determined by the trial judge. There was no order as to costs since the Crown had consented to the Rule 58(1) hearing.
Viterra Inc. v. R. – TCC: Subsection 58(1) ruling denied on complex GST question - salient facts not before the CourtPlus >