20297
LONDON TRIBUNAL CENTRE
Reference No: LON/2006/0135
Copy sent to:
Appellant/Applicant
Respondents
STEARNS (SHIPTON GREEN) LIMITED Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: MALCOLM GAMMIE C.B.E. Q.C. (Chairman)
JOHN ROBINSON
Sitting in public in London on 3 May 2006
DIRECTION
DIRECTION under Rule 30(8)
THIS APPEAL against a decision of the Respondents with respect to a surcharge assessment 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 Richard Stearn, Director, for the Appellant and Mr S Chambers, Advocate, 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 representative stating pursuant to 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 did not have a reasonable excuse for failing to ensure that payment was received by the Respondents by 7 November 2005, notwithstanding that the Appellant had instructed its bank on 4 November 2005 to make that payment
THIS TRIBUNAL accordingly DIRECTS that this appeal is DISMISSED
MALCOLM GAMMIE QC
Chairman
Release Date: 18 May 2006
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