ATCO Electric Ltd. v. The Queen, 2007 DTC 974, 2007 TCC 243 -- summary under Paragraph 1104(5)(a)

By services, 28 November, 2015

The Court rejected the position of the Crown that the furthest point at which sub-bituminous coal was not beyond its equivalent of the prime metal stage was when it was placed on the reclaim pile, just after having gone through the primary crusher, and accepted the position of the taxpayer that this point was reached later in the crushing process when the coal had been pulverized, just before being introduced as fuel into the generation stations' combustion chamber to manufacture electricity.

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