Sharma v Revenue & Customs [2010] UKFTT 468 (TC) (05 October 2010)

Sharma v Revenue & Customs [2010] UKFTT 468 (TC) (05 October 2010)

The Tribunal found that the Appellant failed to discharge the burden of proof to show that HMRC's assessments were incorrect or excessive. The business records were inadequate, there were missing invoices, and no satisfactory evidence was provided to explain the shortfall between declared income and family expenditure. The Tribunal accepted HMRC's assessments as made to the best of their judgement and confirmed the assessments and penalties.

Citation
[2010] UKFTT 468
Parties
Appellant: Mr Ajay Sharma; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
05 October 2010
Procedural Posture
Income Tax/corporation Tax Appeal / First Tier Tribunal (tax), Substantive Hearing and Decision
Outcome
Appeal dismissed
Legal Topics
Income Tax Assessment, Self Assessment, Discovery Assessments, Business Records, Negligence in Tax Returns
Tax Law Income Tax Assessment Self Assessment Discovery Assessments Business Records Negligence in Tax Returns

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Mr Ajay Sharma

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Income Tax/corporation Tax Appeal / First Tier Tribunal (tax), Substantive Hearing and Decision

Legal Issues

  1. 1 Whether HMRC's assessments were made to the best of their judgement
  2. 2 Whether the Appellant's tax returns were correct and business records adequate
  3. 3 Whether the Appellant was negligent in maintaining business records

Ratio Decidendi

The Tribunal found that the Appellant failed to discharge the burden of proof to show that HMRC's assessments were incorrect or excessive. The business records were inadequate, there were missing invoices, and no satisfactory evidence was provided to explain the shortfall between declared income and family expenditure. The Tribunal accepted HMRC's assessments as made to the best of their judgement and confirmed the assessments and penalties.

Court Disposition

Appeal dismissed

Orders

  • Assessments and penalties confirmed
  • Right to apply for permission to appeal within 56 days