Commissioners of Customs & Excise v. Ping (Europe) Ltd [2001] EWHC Ch 401 (27th June, 2001)

Commissioners of Customs & Excise v. Ping (Europe) Ltd [2001] EWHC Ch 401 (27th June, 2001)

The Tribunal was entitled to find that the old clubs had no commercial value to Ping and that the transaction did not attribute any monetary value to the old clubs as non-monetary consideration. The only consideration for VAT purposes was the £22.00 paid by the customer. The Commissioners' appeal was dismissed.

Source-derived case information.

Citation
[2001] EWHC Ch 401
Parties
Respondent / Taxpayer: Ping; Appellant: Commissioners of Customs & Excise
Jurisdiction
England and Wales
Procedural Posture
VAT Appeal / High Court Appeal From VAT and Duties Tribunal
Outcome
Appeal dismissed
Legal Topics
Non Monetary Consideration, Valuation for VAT, Product Recall and Replacement, Discounts and Rebates
Tax Law Value Added Tax Non Monetary Consideration Valuation for VAT Product Recall and Replacement Discounts and Rebates

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ping

Respondent / Taxpayer

Commissioners of Customs & Excise

Appellant

Procedural Posture

VAT Appeal / High Court Appeal From VAT and Duties Tribunal

Legal Issues

  1. 1 Whether the surrender of old, non-compliant golf clubs by customers in exchange for new clubs at a discounted price constituted non-monetary consideration for VAT purposes
  2. 2 How to value non-monetary consideration under VAT law

Ratio Decidendi

The Tribunal was entitled to find that the old clubs had no commercial value to Ping and that the transaction did not attribute any monetary value to the old clubs as non-monetary consideration. The only consideration for VAT purposes was the £22.00 paid by the customer. The Commissioners' appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the VAT and Duties Tribunal is upheld.