18803
BELFAST TRIBUNAL CENTRE Reference No: LON/2003/1102
Copy sent to:
Appellant/Applicant
Respondents
R J STOTHERS & SONS LIMITED Appellant
- and -
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal: MRS M A DINSMORE (Chairman)
MR A HENNESSEY
Sitting in public in Belfast on 13 August 2004
DIRECTION
under Rule 30(8)
THIS APPEAL against a decision of the Respondents with respect to a Default Surcharge being a reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986 as amended coming on for hearing this day
AND UPON HEARING The Appellant in person and Mr B Haley, Senior Officer of Customs & Excise on behalf of the Respondents
AND THIS TRIBUNAL having heard this appeal and having announced its decision
AND THE parties present at the hearing by their said representative(s) stating pursuant to Rule 30(8) of the Value Added Tax Tribunals Rules 1986 as amended that they do not require the said decision to be recorded in a written document in accordance with Rule 30(1) of the said Rules
THIS TRIBUNAL FINDS THAT the Appellant has established that there was a reasonable excuse regarding the period 1/5/02 - 31/7/02, due date of 31/8/02. The Tribunal were not satisfied that a reasonable excuse was established for the period 1/5/03 - 31/7/03, due date of 31/8/03. Accordingly a liability novice is appropriate regarding due period 1/5/03 - 31/7/03
AND THIS TRIBUNAL DIRECTS THAT this appeal is ALLOWED in part
AND that there is to be no direction as to costs
M A DINSMORE
Chairman
Release Date: 15 October 2004
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