Appeal against termination of special exemption method.
Held: The taxpayer’s appeal was dismissed. The VAT tribunal’s jurisdiction was unlimited. No limitation was implied by the wording of the section. The tribunal’s discretion had only to be exercised so as to achieve the statutory objective, There was nothing to exclude the jurisdiction of the tribunal to decide whether a particular method would achieve the statutory objective.
Judges:
Etherton J
Citations:
Times 12-Jun-2006, [2006] EWHC 1024 (Ch), [2006] STC 1568
Links:
Statutes:
Value Added Tax Act 1994 83(e)
Jurisdiction:
England and Wales
Citing:
Appeal from – Banbury Visionplus Ltd and others v Revenue and Customs VDT 26-Oct-2005
VALUE ADDED TAX – partial exemption – opticians’ stores – special methods based on floor area agreed in 1997 and 1998 – special methods terminated by the Respondents in 2004 so that standard method applied – whether jurisdiction of the Tribunal is . .
Cited by:
Cited – Volkswagen Financial Services (UK) Ltd v Revenue and Customs SC 5-Apr-2017
The court considered the VAT treatment general business overheads of a vehicle financing company, and in particular the ‘partial exemption special method’ (‘PESM’) agreed with HMRC for the valuation of the proportion of residual input tax . .
Lists of cited by and citing cases may be incomplete.
VAT
Updated: 04 August 2022; Ref: scu.241577