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United Kingdom VAT & Duties Tribunals Decisions
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Grays Thermal Insulation Engineers Ltd v Revenue & Customs [2007] UKVAT V20168 (22 May 2007)
URL: http://www.bailii.org/uk/cases/UKVAT/2007/V20168.html
Cite as:
[2007] UKVAT V20168
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Grays Thermal Insulation Engineers Ltd v Revenue & Customs [2007] UKVAT V20168 (22 May 2007)
20168
LONDON TRIBUNAL CENTRE Reference No: LON/2007/248
Copy sent to:
Appellant/Applicant
Respondents
GRAYS THERMAL INSULATION ENGINEERS LTD Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: DR K KHAN (Chairman)
MRS C S ALBUQUERQUE
Sitting in public in London on 16 May 2007
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 E Parker, Accountant for the Appellant and Mr J P Holl, Advocate, HMRC, for the Respondents
AND THIS TRIBUNAL having heard this appeal and having announced its decision as follows
- The Appeal to be dismissed. There is no reasonable excuse under VATA 1994, Section 59(7)
- The fact that the Appellant did not know there was a limit on the amount which could be transferred electronically from its bank cannot be a reason for late payment of the VAT
- The date on the cheque and VAT return showed that they were both late when sent to HMRC
- Payment by cheque rather than electronic payment did not allow a concessionary period for late payment. The fact that the Appellant first tried to pay by electronic means and then reverted to payment by cheque is not a relevant factor if the payment is late
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
K KHAN
Chairman
Release Date: 22 May 2007
© CROWN COPYRIGHT 2007