20581
MANCHESTER TRIBUNAL CENTRE Reference No: MAN/07/1184
MERSEY WASTE HOLDINGS LIMITED Appellant
and
THE COMMISSIONERS FOR
HER MAJESTY'S REVENUE AND CUSTOMS Respondents
Tribunal Chairman: Elsie Gilliland
Sitting in public in Manchester on the 30 January 2008
DIRECTION
under Rule 30(8)
This appeal against a decision of the Respondents with respect to four accounting periods namely 12/05; 06/06; 09/06; and 06/07 and three surcharge assessments dated 13 September 2006, 27 November 2006 and 30 August 2007 for in the sums of respectively £1,773.00, £8,865.00 and £11,786.00 and 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 Robert Allan, Managing Director, for the Appellant and Kim Tilling of the Solicitor's office of HM Revenue and Customs for the Respondents
And this tribunal having heard this appeal and having announced its decision
And the Appellant and the Respondents by their said representatives stating pursuant to rule 30(8) of the said Rules 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 Appellant does have a reasonable excuse in respect of accounting periods 12/05 and 06/06 and does have a reasonable excuse for the default which resulted in the Respondents making the assessment of £1,773.00.
This tribunal finds that the Appellant does not have a reasonable excuse in respect of accounting periods 09/06 and 06/07 and does not have a reasonable excuse for the defaults which resulted in the Respondents making the assessments under appeal in respect of those periods (respectively £8,865.00 and £11,786.00)
And this tribunal directs that this appeal is allowed in respect of accounting periods 12/05 and 06/06 and the defaults therein; but this appeal is dismissed in respect of accounting periods 09/06 and 06/07 and the defaults therein. The surcharge amounts shall be recalculated accordingly.
There is to be no direction as to costs.
Elsie Gilliland
CHAIRMAN
Release Date: 25 February 2008
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