Lee v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2018] UKFTT 349 (TC) (26 June 2018)

Lee v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2018] UKFTT 349 (TC) (26 June 2018)

The Tribunal found that the appellant knowingly operated a second undisclosed purchase account with X Limited and deliberately omitted related purchases from his business records to conceal suppressed takings. The assessments and penalties were calculated to the best judgment of HMRC officers and were not flawed. The appellant's conduct was deliberate, concealed, and dishonest, justifying the penalties and assessments imposed.

Citation
[2018] UKFTT 349
Parties
Appellant: Yew Kai Lee; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
26 June 2018
Procedural Posture
Tax Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
VAT Assessment, Income Tax Assessment, Civil Evasion Penalty, Self Assessment, Penalties for Deliberate and Concealed Inaccuracies
Tax Law VAT Assessment Income Tax Assessment Civil Evasion Penalty Self Assessment Penalties for Deliberate and Concealed Inaccuracies

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Parties

Yew Kai Lee

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Tax Appeal / First Tier Tribunal (tax Chamber) Decision

Legal Issues

  1. 1 Whether the appellant under-declared sales and profits for VAT and income tax purposes
  2. 2 Whether the appellant operated a second undisclosed purchase account with a supplier
  3. 3 Whether HMRC's assessments and penalties were valid and within time limits

Ratio Decidendi

The Tribunal found that the appellant knowingly operated a second undisclosed purchase account with X Limited and deliberately omitted related purchases from his business records to conceal suppressed takings. The assessments and penalties were calculated to the best judgment of HMRC officers and were not flawed. The appellant's conduct was deliberate, concealed, and dishonest, justifying the penalties and assessments imposed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The assessments, amendments to self-assessments, and penalties in the amounts originally calculated are upheld.