The registrants had unclaimed input tax credits (well in excess of their taxable supplies) for 2003 and 2004, for which they did not file GST returns until September 2009 (i.e., beyond the limitation period in s. 225(4) for ITC claims). The Minister denied all of the ITCs claimed in excess of the GST collectible on the taxable supplies made by them, relying on such limitation period.
Webb J. found that the registrants' claim for ITCs should be allowed pursuant to s. 296(2). Literally, s. 296(2)(b) provided that the Minister is only compelled to take into account a taxpayer's ITCs that the taxpayer has not claimed in any return prior to the Minister's assessment. However, this led to the illogical result that a registrant is better off not claiming ITCs on a late return itself, and instead referring to them in a separate letter delivered to the Minister (para. 15) - or appealing the Minister's denial of the ITC claims and then requiring the Minster to take the ITCs into account when issuing a reassessment to implement a favourable Tax Court judgment (para. 17).