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England and Wales Case Law

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Tax law

Smartprice (NE) Ltd v The Commissioners for HMRC

The First-tier Tribunal refused Smartprice (NE) Ltd’s application for broader disclosure in a VAT appeal, holding the requested material was too wide, disproportionate, and not necessary to decide the pleaded issues.

  • Disclosure
  • Vat fraud
  • Kittel principle
  • Proportionality
  • Tribunal procedure
  • Vat
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Tax law

Join Her Ltd v The Commissioners for HMRC

The Tribunal refused reinstatement after HMRC withdrew the VAT decision under appeal, holding that no appealable decision remained and jurisdiction had ceased.

  • Value added tax
  • Tribunal jurisdiction
  • Strike-out applications
  • Input tax credit
  • Procedural rules
  • Vat
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Tax law

John Smith v The Commissioners for HMRC

The tribunal upheld most income tax and VAT assessments against John Smith, finding he continued the accountancy business after its 2003 sale and acted deliberately.

  • Income tax
  • Vat
  • Discovery assessments
  • Penalties
  • Best judgment assessments
  • Abuse of process
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Tax law

Omar Rafique v The Commissioners for HMRC

The First-tier Tribunal refused to reinstate Omar Rafique’s VAT appeal after automatic strike-out, finding repeated non-compliance with directions and no good explanation.

  • Value added tax
  • Personal liability notice
  • Tribunal procedure
  • Strike out
  • Reinstatement of appeal
  • Use of ai-generated submissions
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Tax law

Thomas Joseph Dowey v The Commissioners for HMRC

The First-tier Tribunal struck out a VAT appeal for lack of jurisdiction, holding that only the person who accounted for the VAT could claim repayment under s80 VATA 1994.

  • Value added tax
  • Jurisdiction
  • Strike-out
  • Diy housebuilders scheme
  • Vat
  • Tribunal-jurisdiction
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Tax law

Talbot Kwok v The Commissioners for HMRC

The Tribunal ordered HMRC to pay the appellant’s costs on the standard basis after withdrawal, but directed detailed assessment rather than summary assessment.

  • Vat input tax
  • Costs orders
  • Unreasonable conduct
  • Standard vs indemnity costs
  • Summary vs detailed assessment
  • Vat
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Tax law

Clearwater Hampers Limited v The Commissioners for HMRC

The tribunal held that lidded wicker baskets in luxury food hampers were ancillary to the food and drink supplies, so they shared the same VAT treatment. The appeal was allowed.

  • Value added tax
  • Composite and multiple supplies
  • Ancillary supplies
  • Packaging and vat treatment
  • Vat
  • Composite-supplies
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.