20131
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/07/0056
ELLIOTT'S VEHICLES LTD Appellant
and
THE COMMISSIONERS FOR
HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal Chairman: Colin Bishopp
Sitting in public in Birmingham on 18 April 2007
DIRECTION
under Rule 30(8)
This appeal against decisions of the Respondents with respect to surcharge assessments dated 17 May 2005, 17 November 2005, 17 June 2006, 17 September 2006, 17 November 2006 and 17 February 2007 in the sums of £743.55, £1,302.04, £741.70, £841.84, £964.22 and £624.79 respectively 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 David Elliott for the Appellant and Richard Mansell of the Solicitor's office of 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 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 any of the defaults which resulted in the Respondents making the assessments under appeal, the defaults being due to shortage of funds for which there was no underlying reasonable excuse within the meaning of section 59(7)(b) of the Value Added Tax Act 1994.
And this tribunal directs that this appeal is dismissed and that there is to be no direction as to costs
COLIN BISHOPP
CHAIRMAN
Release Date: 25 April 2007
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