19498
LONDON TRIBUNAL CENTRE Reference No: LON/2005/1223
Copy sent to:
Appellant/Applicant
Respondents
KREDENZA LTD Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: STEPHEN OLIVER QC (Chairman)
S K DAS
Sitting in public in London on 8 March 2006
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 N Stojanovic, accounts manager, for the Appellant and S Chambers for the Respondents
AND THIS TRIBUNAL having heard this appeal and having announced its decision
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 Appellant had a reasonable excuse for the shortage of funds at the due date. The Appellant's largest client, who was the first to have contracted on a stage payment basis, had unexpectedly defaulted in making stage payments to the Appellant in the days leading to the due date
AND THIS TRIBUNAL DIRECTS THAT this appeal is ALLOWED
AND that there is to be no direction as to costs
STEPHEN OLIVER QC
Chairman
Release Date: 14 March 2006
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