Ariston Development Limited v The Commissioners for HMRC

Ariston Development Limited v The Commissioners for HMRC

The delay of over two and a half years was serious and significant, no good reason was provided for the delay, the appellant was professionally represented, and the need to respect statutory time limits outweighed any prejudice to the appellant. Permission to bring a late appeal was refused.

Parties
Appellant: Ariston Development Limited; Respondents: The Commissioners for His Majesty’s Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
09 March 2024
Procedural Posture
VAT Late Appeal Application / Application for Permission to Bring a Late Appeal
Outcome
Application refused
Legal Topics
VAT, Late Appeal, Tribunal Procedure, Statutory Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Ariston Development Limited

Appellant

The Commissioners for His Majesty’s Revenue and Customs

Respondents

Procedural Posture

VAT Late Appeal Application / Application for Permission to Bring a Late Appeal

  1. 1 Whether the appellant should be granted permission to bring a late appeal against a VAT assessment

Ratio Decidendi

The delay of over two and a half years was serious and significant, no good reason was provided for the delay, the appellant was professionally represented, and the need to respect statutory time limits outweighed any prejudice to the appellant. Permission to bring a late appeal was refused.

Court Disposition

Application refused