19020
LONDON TRIBUNAL CENTRE Reference No: LON/04/26
Copy sent to:
Appellant/Applicant
Respondents
HEATECH BUILDING SERVICES LTD 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 Mr Gilby, the principal Director of the Appellant and Mr Dougal for 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 choice of Mr Gilbey, as a hard pressed businessman to be absent from the office on business when the company's VAT payment was due, and his failure to put in place arrangements for others to sign a cheque to pay the VAT were not "reasonable excuses" for the late payment of the VAT
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: 24 March 2005
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