18828
LONDON TRIBUNAL CENTRE Reference No: LON/2004/0939
Copy sent to
Appellant Respondents
HTEC LIMITED
Appellant
- and -
THE COMMISSIONERS OF CUSTOMS AND EXCISE
Respondents
Tribunal: DR NUALA BRICE (Chairman)
MRS S EDMUNSON FCA
Sitting in public in London on 22 September 2004
DIRECTION
Under Rule 30(8)
THIS was an appeal against a default surcharge for the accounting period ending on 30 November 2003; the tax was due on 31 December 2003 but was not received until 6 January 2004
WE HEARD Mr R J Mackie for the Appellant and Mr P Webb for the Respondents
WE FIND THAT the cheque for the tax due was signed and posted on Wednesday 31 December 2003; the return had been posted earlier
OUR DECISION IS that we were not satisfied that the tax was dispatched at such a time and in such a manner that it was reasonable to expect that the Respondents would receive it by 31 December 2003
AT THE CONCLUSION of the appeal we announced our decision to dismiss the appeal and both parties present agreed that they did not want a full written decision
WE THEREFORE DIRECT that the appeal be dismissed
DR A N BRICE
Chairman
Release Date: 24 September 2004
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