New Claire Wine Limited v The Commissioners for HM Revenue and Customs [2024] UKUT 00390 (TCC)

Upper Tribunal Tax and Chancery decision of Judge Jones on 02 December 2024

From:
HM Courts & Tribunals Service and Upper Tribunal (Tax and Chancery Chamber)
Published
3 December 2024
Category:
Tax
Release date:
2 December 2024

Read full decision New Claire Wine Limited v The Commissioners for HM Revenue and Customs

  1. The Applicant, New Claire Wine Ltd, applies to the Upper Tribunal (Tax and Chancery) (“UT”) for permission to appeal the decision of the First-tier Tribunal (Tax Chamber) (“the FTT”), constituted as Judge Anne Scott and Member Leslie Brown, released on 4 January 2024 (“the Decision”). The appeal was decided by the FTT following a hearing conducted between 30 January and 2 February 2023.
  2. The FTT dismissed the Applicant’s appeal in principle (albeit with minor adjustments to the amounts of the assessments and penalties) against the following decisions of HMRC: (a) Five assessments being discovery assessments under Schedule 18 paragraph 41 Finance Act 1998 (“FA 1998”) in respect of Accounting Periods Ending (“APE”) 31 January 2013, 2014, 2015, 2016 and 2017. Together, those assessments for Corporation Tax total £250,654.68; (b) VAT assessments totalling £176,656 under section 73 Value Added Tax Act 1994 (“VATA”) for the VAT periods ending 06/2012 to 03/2017 inclusive by way of a Notice of Assessment dated 3 December 2018; and (c) a penalty notice dated 6 November 2019 under Schedule 24 Finance Act 2007 (“FA 2007”) for deliberate (but not concealed) inaccuracies in tax returns submitted to HMRC by way of a Notice of Penalty dated 6 November 2019.
  3. By a decision dated 3 July 2024 (“the PTA Decision”), Judge Blackwell refused permission to appeal the FTT’s Decision to the UT on the grounds of appeal pursued by the Applicant. The Applicant renewed its application to the UT for permission to appeal in-time on 25 July 2024.
  4. On 3 October 2024 I refused permission to appeal to the UT on the papers in relation to all three grounds of appeal then pursued by the Applicant.
  5. The Applicant requested that permission to appeal be reconsidered at an oral hearing. That hearing took place on 28 November 2024 by video (CVP). Mr David Bedenham of counsel appeared for the Applicant having filed a skeleton argument. I am very grateful to him for the quality of his written and oral submissions.

Updates to this page

Published 3 December 2024