19025
LONDON TRIBUNAL CENTRE Reference No: LON/2004/0182
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Appellant/Applicant
Respondents
- and -
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal: THEODORE WALLACE (Chairman)
M M SILBERT FRICS
Sitting in public in London on 23 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 Nicholas Hoare, director, for the Appellant and Jonathan Holl, advocate, for Customs
AND THE parties present at the hearing by their said representatives 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 default was attributable to the extreme stress on the directors of this small company due to an appeal against refusal of planning consent to a wind farm 500 metres from their home and that in the circumstances this constituted a reasonable excuse
AND THIS TRIBUNAL DIRECTS THAT this appeal is ALLOWED
AND that there is to be no direction as to costs