The
Chief
Justice
(per
curiam)
(judgment
delivered
from
the
Bench):—It
is
not
necessary
to
hear
you
further
Mr
Cote.
We
are
all
agreed
that,
on
an
examination
of
the
evidence
as
a
whole
the
finding
of
the
learned
trial
judge
that
the
appellant’s
accountant
omitted
to
include
the
amount
of
the
dividend
in
the
appellant’s
return
“under
circumstances
amounting
to
gross
negligence”
cannot
be
supported.
(We
are
not
deciding,
however,
that
the
appellant
would
have
been
liable
to
pay
penalty
in
the
circumstances
of
this
case
if
the
circumstances
under
which
the
dividend
was
omitted
had
amounted
to
“gross
negligence”.)
We
are
of
opinion,
therefore,
that
the
appeal
should
be
allowed
with
costs,
that
the
judgment
of
the
Trial
Division
should
be
set
aside
and
that
the
appellant’s
assessment
for
the
1969
taxation
year
should
be
referred
back
to
the
respondent
for
reassessment
on
the
basis
that
the
appellant
is
not
liable
to
pay
penalty
under
subsection
56(2)
for
the
1969
taxation
year.
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