MANCHESTER TRIBUNAL CENTRE Reference No: MAN/2004/0405
DAVID SAXON Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal Chairman: Michael Johnson
Sitting in public in North Shields, Tyne and Wear on the 16 November 2004
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to the imposition of a default surcharge and being a reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986 (as amended) ("the rules") coming on for hearing this day
And upon hearing the Appellant in person and Mr J Holmes, counsel instructed by the Solicitor for the Customs and Excise, for the Respondents
And this tribunal having heard this appeal and having announced its decision
And the Appellant and the Respondents by their said representative stating pursuant to rule 30(8) of the rules that they do not require the said decision to be recorded in a written document in accordance with rule 30(1) of the rules
This tribunal finds that the VAT return in issue and the value added tax payable in respect of the period covered by the return were not despatched at such a time and in such a manner that it was reasonable to expect that they would be received by the Respondents within the appropriate time limit
And this tribunal accordingly directs that this appeal is dismissed
MICHAEL JOHNSON
CHAIRMAN
Release Date: 10 December 2004
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