Reddrock Ltd v Revenue & Customs [2012] UKFTT 46 (TC) (12 January 2012)
The Appellant failed to discharge the burden of proof that the supplies evidenced by the invoices took place; the Tribunal found the witness evidence unreliable and the supporting documentation manufactured to substantiate false claims. Accordingly, the appeal was dismissed.
- Citation
- [2012] UKFTT 46 (TC)
- Parties
- Appellant: Reddrock Ltd; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 January 2012
- Procedural Posture
- VAT Input Tax Appeal / Final Judgment After Full Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- VAT, Input Tax Deduction, Burden of Proof, Validity of Invoices, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Reddrock Ltd
Appellant
The Commissioners for Her Majesty’s Revenue and Customs
Respondents
Procedural Posture
VAT Input Tax Appeal / Final Judgment After Full Hearing
Legal Issues
- 1 Whether the supplies evidenced by 54 invoices took place
- 2 Whether the invoices constituted valid VAT invoices under Regulation 29 of the VAT Regulations 1995
- 3 Whether the Appellant discharged the burden of proof
Ratio Decidendi
The Appellant failed to discharge the burden of proof that the supplies evidenced by the invoices took place; the Tribunal found the witness evidence unreliable and the supporting documentation manufactured to substantiate false claims. Accordingly, the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Costs awarded to HMRC on the standard basis to be assessed by the Costs Office of the Senior Court in default of agreement
- Right to apply for permission to appeal within 56 days
Full Case Text
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