20190
LONDON TRIBUNAL CENTRE Reference No: LON/2006/1014
Copy sent to:
Appellant/Applicant
Respondents
BUYBACK LIMITED Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: RODNEY P HUGGINS (Chairman)
ELIZABETH MCLEOD
Sitting in public in London on 30 May 2007
DIRECTION
under Rule 30(8)
THIS APPEAL against a decision of the Respondents with respect to a Default Surcharge in the sum of £547,76 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 Charles Bartholomew, Director for the Appellant and Mrs Pauline Crinnion, 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 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 reason for the delay in paying the VAT on time was insufficiency of funds as the financial fraud by two employees in 2001 was too distant in time and the time lapse too great to affect the financial plight of the Appellant over four years later
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
RODNEY P HUGGINS
Chairman
Release Date: 7 June 2007
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