20530
LONDON TRIBUNAL CENTRE Reference No: LON/2007/1643
Copy sent to:
Appellant/Applicant
Respondents
MICHAEL VAN CLARKE 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 Louise Ortelli for the Appellant and Simon Chambers 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 accidental failure to pay the tax for the 05/07 period (caused by leaving the cheque in a safe) does not amount to 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
© CROWN COPYRIGHT 2007