H2O Exchange Pty Ltd v Innovation and Science Australia [2021] FCA 11

Appeal from: H2O Exchange Pty Ltd and Innovation and Science Australia [2019] AATA 4195

TAXATION – R&D tax incentive scheme – appeal from decision of the Administrative Appeals Tribunal which affirmed a finding that certain activities were not core R&D activities or supporting R&D activities within their meaning under the Income Tax Assessment Act 1997 (Cth) – whether irrational and illogical to accept expert evidence – whether expert had the relevant expertise – whether the Tribunal denied the appellant natural justice by deciding that the existence of artificial intelligence research was a relevant issue in the proceeding without advising the parties – whether denial of natural justice for the Tribunal to proceed with the review where a purported variation application had been made – appeal dismissed.

Full decision here