19782
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/06/0138
COOLAIR UK LTD Appellant
and
THE COMMISSIONERS FOR
HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal Chairman: MRS E GILLILAND
Sitting in public in York on the 7 September 2006
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to surcharge liability notices, surcharge liability notice extensions and surcharge assessments during 24 default periods dated 06/03, 08/03, 10/03, 11/03, 12/03, 01/04, 02/04, 03/04, 05/04, 06/04, 07/04, 08/04, 09/04, 10/04, 11/04, 12/04, 01/05, 03/05, 04/05, 05/05, 06/05, 07/05, 08/05 and 09/05 in the total sum of £17329.70 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 Reg Ford, Managing Director, for the Appellant and Kim Tilling of Solicitor's office 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 have a reasonable excuse for the defaults in the periods 06/03, 08/03, 10/03, 11/03, 12/03, 01/04, 02/04 and 03/04 but does not have a reasonable excuse for the defaults in the periods 05/04, 06/04, 07/04, 08/04, 09/04, 10/04, 11/04, 12/04, 01/05, 03/05, 04/05, 05/05, 06/05, 07/05, 08/05 and 09/05
And this tribunal directs that this appeal is allowed in respect of the first 8 of the 24 default periods and dismissed in respect of the remaining 16 of the 24 default periods
And that there is to be no direction as to costs
ELSIE GILLILAND
CHAIRMAN
Release Date: 20 September 2006
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