Sharma v Revenue & Customs [2010] UKFTT 468 (TC) (05 October 2010)
The Tribunal found that the Appellant failed to provide adequate and reliable business records or sufficient evidence to explain discrepancies between declared income and actual expenditure. The burden of proof was not discharged, and HMRC's assessments, made to the best of their judgement, were confirmed.
- Citation
- [2010] UKFTT 468 (TC)
- 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
- Tax Appeal / First Tier Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Income Tax Assessment, Self Assessment, Discovery Assessments, Business Records, Negligence in Tax Returns
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Ajay Sharma
Appellant
The Commissioners for Her Majesty’s Revenue and Customs
Respondents
Procedural Posture
Tax Appeal / First Tier Tribunal Decision
Legal Issues
- 1 Whether HMRC's assessments were made to the best of their judgement
- 2 Whether the Appellant's tax returns were correct and business records adequate
- 3 Whether the Appellant was negligent in maintaining business records
Ratio Decidendi
The Tribunal found that the Appellant failed to provide adequate and reliable business records or sufficient evidence to explain discrepancies between declared income and actual expenditure. The burden of proof was not discharged, and HMRC's assessments, made to the best of their judgement, were confirmed.
Court Disposition
Appeal dismissed
Orders
- Assessments confirmed
Full Case Text
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