Seatechs Ltd v Revenue & Customs [2009] UKFTT 146 (TC) (24 June 2009)

Seatechs Ltd v Revenue & Customs [2009] UKFTT 146 (TC) (24 June 2009)

The appellant did not have a reasonable excuse for late submission of VAT returns and payments, failed to act as a prudent taxpayer, and did not provide reliable evidence of timely dispatch. The appeals against the surcharge assessments are dismissed.

Citation
[2009] UKFTT 146 (TC)
Parties
Appellant: Seatechs Limited; Respondents: The Commissioners for Her Majesty's Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
24 June 2009
Procedural Posture
VAT Default Surcharge Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
VAT, Default Surcharge, Reasonable Excuse, Late Filing, Penalty Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Seatechs Limited

Appellant

The Commissioners for Her Majesty's Revenue and Customs

Respondents

Procedural Posture

VAT Default Surcharge Appeal / First Tier Tribunal (tax Chamber) Decision

  1. 1 Whether the appellant had a reasonable excuse for late submission of VAT returns and payments for July and October 2008 periods
  2. 2 Whether the appellant provided reliable evidence of timely dispatch of VAT returns

Ratio Decidendi

The appellant did not have a reasonable excuse for late submission of VAT returns and payments, failed to act as a prudent taxpayer, and did not provide reliable evidence of timely dispatch. The appeals against the surcharge assessments are dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appellant's appeals against the surcharge assessments dated 6 October 2008 and 12 December 2008 are dismissed.