The application of Binetter v Commissioner of Taxation to the Tribunal's review of amended assessments issued under the fraud or evasion power in s 170(1) item 5 of the Income Tax Assessment Act 1936 (Cth) does not cause the Tribunal to exercise the judicial power of the Commonwealth, and the onus under s 14ZZK of the Taxation Administration Act 1953 (Cth) applies to the taxpayer's challenge to the fraud or evasion opinion in the same way as it applies to any other constituent element of liability.
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