18875
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/2004/0351
WORKMART LTD Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal Chairman: Michael Johnson
Sitting in public in North Shields, Tyne & 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 Mr M Leonard, director of the Appellant, for the Appellant 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 representatives 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 for the period in issue ("the period") and the value added tax payable in respect of the period were 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 allowed
MICHAEL JOHNSON
CHAIRMAN
Release Date: 10 December 2004
© CROWN COPYRIGHT 2004