19237
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/05/0341
DAVID GOULD PARTNERSHIP LIMITED Appellant
and
HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal Chairman: Michael Tildesley OBE
Sitting in public in Birmingham on the 22 August 2005
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to a surcharge assessment dated the 11 February 2005 in the sum of £916.65 and 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 Terence Moore for the Appellant and Mr Richard Mansell of the Acting Solicitor for HM Revenue and Customs 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 not have a reasonable excuse for the default which resulted in the Respondents making the assessment under appeal because the Appellant has not satisfied me on the balance of probabilities that the return and payment was despatched in sufficient time to be received by the Respondents on the due date.
And this tribunal directs that this appeal is dismissed
And that there is to be no direction as to costs
MICHAEL TILDESLEY
CHAIRMAN
Release Date: 8 September 2005
© CROWN COPYRIGHT 2005