18984
LONDON TRIBUNAL CENTRE Reference No: LON/03/746
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Appellant/Applicant
Respondents
COLIN S FISH Appellant
- and -
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal: HOWARD M NOWLAN (Chairman)
Sitting in public in London on 12 January 2005
DIRECTION
under Rule 30(8)
THIS APPEAL against a decision of the Respondents with respect to a Default Surcharge of 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 Colin Fish in person and Mr Dougal on behalf of the Respondents
AND THE parties present at the hearing by their said representative(s) stating pursuant to Rule 30(8) of the Value Added Tax Tribunals Rules 1986 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 regular late payment of invoices, as a habitual risk of his business, did not constitute a reasonable excuse to Mr Fish's late payment of VAT, particular because his output liability was calculated on a cash basis
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
HOWARD M NOWLAN
Chairman
Release Date: 17 February 2005
© CROWN COPYRIGHT 2005