19272
LONDON TRIBUNAL CENTRE Reference No: LON/05/544 and 550
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Appellant/Applicant
Respondents
EUROPEAN HOMELETTING SPECIALISTS LIMITED
EUROPEAN MARKETING SPECIALISTS LIMITED Appellant
- and -
HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: JOHN F AVERY JONES CBE (Chairman)
SHEILA WONG CHONG FRICS
Sitting in public in London on 21 September 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 Mr Jonathan Holl for the Respondents, the Appellant not being represented
AND THIS TRIBUNAL having heard this appeal under Rule 26(2) and having announced its decision
AND THE parties present at the hearing by their said representative 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 in relation to period 09/04 having seen the officer's visit report the Tribunal does not accept that the officer told the Appellant to delay making the return. In relation to period 02/05 in the light of the notes to the surcharge liability notices the Tribunal does not accept that the Appellant believed that an agreement with the debt management unit prevented the imposition of surcharges. In neither case is there a reasonable excuse for the defaults.
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
John F Avery Jones
Chairman
Release Date: 27 September 2005
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