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Decision Number: TC 01886
Appellant: Spectrum Legal Services Limited
Respondent: The Commissioners for Her Majesty's Revenue & Customs
Chairmen / Special
Commissioners:
John L WALTERS QC
Date Of Decision: 12/03/2012
Main Category: VAT - REPAYMENTS
Main Subcategory: Vat - repayments
Notes: VALUE ADDED TAX – voluntary disclosure claiming repayment of output
tax wrongly charged – HMRC refusing to repay any amount in respect of
tax accounted for more than 3 years before the voluntary disclosure was
made – section 80(4) VATA ‘capping provisions’ – where section 80(4)
applies there is no liability to make a repayment – repayment in respect of
periods not covered by the ‘capping provision’ already made – no
jurisdiction to consider the question of whether HMRC should make a
further ex gratia payment in respect of periods covered by the ‘capping
provision’ – appeal struck out
Decision(s) to Download: TC01886.pdf TC01886.pdf