Parkash v Revenue and Customs (LATE APPEAL - application to relieve Applicant of failure to comply with a time limit - whether Applicant can appeal out of time - application to have a "struck out" appeal reinstated - objection by HMRC - whether "struck out" appeal can be reinstated - Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009/273, Rules 2, 7 and 8) [2025] UKFTT 544 (TC) (16 May 2025)
No good reason for delay in appealing within 28 days; applicant had capacity and professional representation; delay was serious; prejudice to applicant outweighed by public interest and respondent's interests; statutory time limits must be respected; applications refused.
- Citation
- [2025] UKFTT 544 (TC)
- Parties
- Applicant/appellant: Ved Parkash; Respondents: The Commissioners for His Majesty's Revenue and Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 16 May 2025
- Procedural Posture
- Tax Appeal / Application for Relief From Time Limit and Reinstatement of Struck Out Appeal
- Outcome
- Applications refused
- Legal Topics
- Late Appeal, Strike Out, Reinstatement, Compliance With Procedural Rules, Extension of Time, Relief From Sanctions
Case Brief
Summary, issues, holding and outcome
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Parties
Ved Parkash
Applicant/appellant
The Commissioners for His Majesty's Revenue and Customs
Respondents
Procedural Posture
Tax Appeal / Application for Relief From Time Limit and Reinstatement of Struck Out Appeal
Legal Issues
- 1 Whether the applicant should be relieved from failure to comply with the 28-day time limit for appealing a strike out order
- 2 Whether the struck out appeal can be reinstated under Tribunal Rules
Ratio Decidendi
No good reason for delay in appealing within 28 days; applicant had capacity and professional representation; delay was serious; prejudice to applicant outweighed by public interest and respondent's interests; statutory time limits must be respected; applications refused.
Court Disposition
Applications refused
Orders
- Time Limit application refused
- Reinstatement application refused
Full Case Text
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