F1 Promotions Ltd v Revenue & Customs [2010] UKFTT 159 (TC) (13 April 2010)

F1 Promotions Ltd v Revenue & Customs [2010] UKFTT 159 (TC) (13 April 2010)

F1 Promotions Ltd was not entitled to deduct input VAT on the five transactions because the invoices did not adequately specify the nature and quantity of the goods as required by law, and the evidence provided was insufficient to satisfy HMRC or the tribunal that the supplies were as described. HMRC's refusal to...

Source-derived case information.

Citation
[2010] UKFTT 159
Parties
Appellant: F1 Promotions Ltd; Respondents: The Commissioners for Her Majesty’s Revenue and Customs (VAT)
Jurisdiction
United Kingdom
Judgment Date
13 April 2010
Procedural Posture
VAT Input Tax Appeal / First Tier Tribunal (tax) Decision
Outcome
Appeal dismissed
Legal Topics
VAT Input Tax Deduction, Invoice Compliance, HMRC Discretion, Section 73 VAT Act 1994 Assessments
Tax Law European Union Law VAT Input Tax Deduction Invoice Compliance HMRC Discretion Section 73 VAT Act 1994 Assessments

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Parties

F1 Promotions Ltd

Appellant

The Commissioners for Her Majesty’s Revenue and Customs (VAT)

Respondents

Procedural Posture

VAT Input Tax Appeal / First Tier Tribunal (tax) Decision

Legal Issues

  1. 1 Whether F1 Promotions Ltd was entitled to deduct input VAT on the basis of invoices received for five transactions in memory cards
  2. 2 Whether the invoices specified the nature and quantity of the goods as required by law
  3. 3 Whether HMRC reasonably exercised its discretion to accept other evidence of VAT charged under Regulation 29

Ratio Decidendi

F1 Promotions Ltd was not entitled to deduct input VAT on the five transactions because the invoices did not adequately specify the nature and quantity of the goods as required by law, and the evidence provided was insufficient to satisfy HMRC or the tribunal that the supplies were as described. HMRC's refusal to exercise discretion to accept other evidence was reasonable in the circumstances. HMRC was entitled to assess and recover the VAT previously repaid under section 73(2) VAT Act 1994.

Court Disposition

Appeal dismissed

Orders

  • Input VAT deduction on the five transactions is disallowed.
  • HMRC's assessments to recover previously repaid VAT are upheld.