S & I Electrical Plc v Revenue and Customs [2015] UKUT 162 (TCC) (31 March 2015)
Value added tax – Input tax – Disallowance of input tax – Missing trader
intra-Community fraud – Transactions connected with fraudulent evasion of
value added tax – Trader denied entitlement to deduct input tax on basis of
connection with fraudulent transactions – Tribunal finding that the only
reasonable conclusion was that the trader knew or should have known it was
that transactions were connected with fraud although 11 of 90 transactions
not positively proved to be so connected – Tribunal finding denial of input tax
permissible only to level of value added tax fraudulently evaded – Whether
tribunal in error and comparator with indicia of legitimate trades necessary.”