18959
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/04/0648
SABIC UK LIMITED Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal Chairman: Colin Bishopp
Sitting in public in Birmingham on the 16 February 2005
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to surcharge assessments for periods 03/04, 06/04 and 09/04 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 D Anderson for the Appellant and Mr R Mansell 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 default which occurred in period 12/03 and which led to the issue of a surcharge liability notice; and that the amounts of the surcharges for the periods 03/04, 06/04 and 09/04 (in respect of which no excuse is advanced) shall be adjusted to take account of this direction
And this tribunal directs that this appeal is allowed
And that the Respondents shall pay the Appellant's reasonable costs of the appeal
COLIN BISHOPP
CHAIRMAN
Release Date: 24 February 2005
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