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LONDON TRIBUNAL CENTRE Reference No: LON/2007/1647
Copy sent to:
Appellant/Applicant
Respondents
DISPERSION TECHNOLOGY LTD Appellant
- and -
THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal: SIR STEPHEN OLIVER QC (Chairman)
RUTH WATTS DAVIES
Sitting in public in London on 19 December 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 Simon Chambers for the Respondents and no appearance for the Appellant
AND THIS TRIBUNAL having heard this appeal under Rule 26(2) 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 late payment for the 04/07 period occurred because a bank holiday occurred during the first week of June 2007: consequently the payment did not reach HMRC's account by the seventh calendar day. An oversight of this nature cannot rank as a reasonable excuse
AND THIS TRIBUNAL DIRECTS THAT this appeal is DISMISSED
AND that there is to be no direction as to costs
SIR STEPHEN OLIVER QC
Chairman
Release Date: 9 January 2008
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