20274
LONDON TRIBUNAL CENTRE
Reference No: LON/2007/446
Copy sent to:
Appellant/Applicant
Respondents
ROSSI (WESTERN ESPLANADE) LTD Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: ADRIAN SHIPWRIGHT (Chairman)
MR R G ROBINSON
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 Brandajs, Director for the Appellant and Mr J Holl, Advocate of HM Revenue and Customs 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 in the circumstances of the case there was no reasonable excuse as the funds had not been transferred in time to ensure that HMRC received the monies on time the Appellant accepting he was aware of the due date and the period needed for the transfer to put funds in HMRC's hands
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
ADRIAN SHIPWRIGHT
Chairman
Release Date: 3 August 2007
© CROWN COPYRIGHT 2007