18909
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/04/0493
FLOORPLAN SYSTEMS LIMITED Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal Chairman: Richard Barlow
Sitting in public in Manchester on the 13 December 2004
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to surcharge assessments dated the 12 March 2004 and 28 May 2004 in the sum of £1073.28 and £1125.05 and 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 Mr G Scott for the Appellant and Mr B Haley of the Solicitor's office of HM 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 the rule 30(8) of the said Rules 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 does have a reasonable excuse for the defaults which resulted in the Respondents making the assessments under appeal
And this tribunal directs that this appeal is allowed.
For the avoidance of doubt, the Tribunal records that the excuses referred to relate to periods ending September and December 2003 and that, there being no reasonable excuse for a default relating to period ending March 2004, the surcharge liability notice for that period remains in place.
And that there is to be no direction as to costs
RICHARD BARLOW
CHAIRMAN
Release Date: 12 January 2005
© CROWN COPYRIGHT 2004