Source: All England Reporter
Publisher Citation: [2007] All ER (D) 392 (Nov)
Neutral Citation: [2007] EWHC 2676 (Ch)
Court: Chancery Division
Judge:

Patten J

Representation Michael Patchett-Joyce (instructed by Ernst & Young LLP) for the taxpayer.
  James Puzey (instructed by the Solicitor for Revenue and Customs) for the commissioners.
Judgment Dates: 26 November 2007

Catchwords

Value added tax - Tribunal - Jurisdiction - Revenue and Customs Commissioners disallowing claims for zero-rating and recovery of input tax - Factually inconsistent alternative assessments being issued - Taxpayer being informed to pay amount of later assessments - Taxpayer appealing against assessments - VAT and Duties Tribunal determining preliminary issue - Whether VAT and Duties Tribunal erring in holding issue of factually inconsistent alternative assessments permissible.

The Case

The VAT and Duties Tribunal had not erred in holding, as a preliminary issue, that it was open to the Revenue and Customs Commissioners to issue and maintain two factually inconsistent alternative assessments under s73 of the .

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