19002
LONDON TRIBUNAL CENTRE Reference No: LON/2003/1107
Copy sent to:
Appellant/Applicant
Respondents
- and -
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal: STEPHEN OLIVER QC (Chairman)
MR S K DAS
Sitting in public in London on 9 March 2005
DIRECTION
under Rule 30(8)
THIS APPEAL against a decision of the Respondents with respect to a Default Surcharge 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 Martin Smith, company secretary, for the Appellant and Alistair Dougal for the Respondents
AND THE parties present at the hearing by their said representative 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 there was not a reasonable excuse for the late payment of the tax due for the 08/03 period. There was no good reason for leaving the return to be sent on the last day of September 2003, even if a VAT officer was expected to visit that day. In any event the date on the return states that it had been compiled and signed on 29 September
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs