20191
LONDON TRIBUNAL CENTRE Reference No: LON/2006/1363
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Appellant/Applicant
Respondents
D C SITE SERVICES 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 £5,000 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 Collins, Director for the Appellant and Mr Simon 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 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 why the Appellant could not pay VAT on time was insufficiency of funds which is not an excuse under Section 71(a) of the VAT Act 1994
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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