19019
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/04/0786
NU-TOOL (HOLDINGS) LTD Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal: Michael S Johnson (Chairman)
Arthur Brown
Sitting in York on 23 March 2005
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 Mark Willis, financial director of the Appellant, for the Appellant and Bernard Haley, of the Solicitor's office of H M 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 value added tax payable in respect of the Appellant's accounting period 03/04 was despatched at such a time and in such a manner that it was reasonable to expect that it would be received by the Respondents within the appropriate time limit
And this tribunal accordingly directs that this appeal is allowed so that the Appellant shall not be liable to the default surcharge in dispute
MICHAEL S JOHNSON
CHAIRMAN
Release Date: 5 April 2005
© CROWN COPYRIGHT 2005