Reddrock Ltd v Revenue & Customs [2012] UKFTT 46 (TC) (12 January 2012)

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

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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

  1. 1 Whether the supplies evidenced by 54 invoices took place
  2. 2 Whether the invoices constituted valid VAT invoices under Regulation 29 of the VAT Regulations 1995
  3. 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