19005
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/04/0785
BACKTRAX UK LIMITED Appellant
and
THE COMMISSIONERS OF CUSTOMS AND EXCISE Respondents
Tribunal Chairman: David S Porter
Sitting in public in Manchester on the 23 March 2005
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to a surcharge assessments dated 27 July 2004 in the sum of £582.95 and 15 October 2004 in the sum of £1,793.14 and being reasonable excuse appeals as defined by rule 2 of the Value Added Tax Tribunals Rules 1986 as amended coming on for hearing this day
And upon hearing Eugine Sweepman for the Appellant and Richard Mansell of counsel, instructed by HM 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 the rule 30(8) of the said Rules 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 Appellant does have a reasonable excuse for the default which resulted in the Respondents making the assessment under appeal dated 27 July 2004 but not for the assessment dated 15 October 2004.
And this tribunal directs that this appeal is allowed as to the default ensuing from the assessment dated 27 July 2004
And that there is to be no direction as to costs
DAVID PORTER
CHAIRMAN
Release Date: 31 Marsh 2005
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