Decision Number: | TC 08309 |
Appellant: | FIELDMUIR LTD T/A CENTURION FREIGHT SERVICES |
Respondent: | Her Majesty's Revenue & Customs |
Chairmen / Special Commissioners: |
Zachary CITRON |
Date Of Decision: | 01/11/2021 |
Main Category: | PROCEDURE |
Main Subcategory: | Other |
Notes: | INCOME TAX AND NATIONAL INSURANCE CONTRIBUTIONS - strike out application - appeal against refusal to repay income tax (PAYE) and NICs - overpaid income tax: claim did not meet requirements of Schedule 1A TMA 1970 - consideration of whether HMRC exercised care and management powers to waive requirements - held: they did not - hence Tribunal did not have jurisdiction - overpaid NICs: HMRC made decision that precondition to regulation 52 Social Security (Contributions) Regs 2001 application (that NICs paid in error) not satisfied - decision was subject to appeal to Tribunal - Tribunal had jurisdiction - application for strike out allowed in part (income tax) and dismissed in part (NICs) |