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The Durham Company Ltd (T/A Max Recycle) v Revenue and Customs and Another; UTTC 19 Sep 2016

References: [2016] UKUT 417 (TCC) Links: Bailii Ratio: UTTC Value Added Tax – supplies of commercial waste collection services by Local Authorities – section 45(1)(b) Environmental Protection Act 2009 and section 41A Value Added Tax Act 1994 – whether supplies within VAT – judicial review of HMRC failure to collect VAT on supplies – preliminary … Continue reading The Durham Company Ltd (T/A Max Recycle) v Revenue and Customs and Another; UTTC 19 Sep 2016

Data Select v HM Revenue and Customs; UTTC 1 Jun 2012

References: [2012] UKUT 187 (TCC) Links: Bailii Ratio: UTLC VALUE ADDED TAX – application to First-tier Tribunal for extension of time to appeal under section 83G(1) and (6) of Value Added Tax Act 1994 – legal test to be applied to application for extension of time – First-tier Tribunal applied correct legal test – decision … Continue reading Data Select v HM Revenue and Customs; UTTC 1 Jun 2012

Hills and Another v Revenue and Customs; UTTC 25 Apr 2016

References: [2016] UKUT 189 (TCC) Links: Bailii Ratio: UTTC VALUE ADDED TAX – option to tax- whether supply of land taxable at standard rate because option to tax validly exercised – whether prior permission from HMRC required for late election – whether HMRC can validly dispense with this requirement for prior permission – paragraph 3 … Continue reading Hills and Another v Revenue and Customs; UTTC 25 Apr 2016

Revenue and Customs v Iveco Ltd; UTTC 13 Jun 2016

References: [2016] UKUT 263 (TCC) Links: Bailii Ratio: UTTC VALUE ADDED TAX – whether section 80 VAT Act 1994 applies to claim to enforce directly effective right under article 11C(1) Sixth Directive to reduce taxable amounts to reflect rebates paid in periods before it was implemented in UK legislation – if so, whether claim made … Continue reading Revenue and Customs v Iveco Ltd; UTTC 13 Jun 2016

Grand Entertainments Company v Revenue and Customs; UTTC 3 May 2016

References: [2016] UKUT 209 (TCC) Links: Bailii Ratio: UTTC Claims for repayment of VAT – whether further claims for refunds were amendments to an earlier claim made within the time prescribed by s. 121 Finance Act 2008, or were separate claims out of time and barred by s. 80(4) Value Added Tax Act 1994 – … Continue reading Grand Entertainments Company v Revenue and Customs; UTTC 3 May 2016

Revenue and Customs v Shields; UTTC 24 Oct 2014

References: [2014] UKUT 453 (TCC) Links: Bailii UTTC Ratio VALUE ADDED TAX – input tax – DIY Builders Scheme – construction of dwelling as equestrian facilities managers residence – whether designed as a dwelling for purposes of Group 8 of Schedule 5 VAT Act 1994 – whether description in planning application as equestrian facilities managers … Continue reading Revenue and Customs v Shields; UTTC 24 Oct 2014

British Association of Leisure Parks, Piers and Attractions Led v Revenue and Customs; UTTC 12 Mar 2013

References: [2013] UKUT 130 (TCC) Links: Bailii UTTC Value Added Tax – claim to repayment of output tax allegedly overpaid – whether services provided by Appellant Association to its members exempt under Value Added Tax Act 1994, Schedule 9, Group 9, Item 1(d) – whether primary purpose of Association was lobbying – whether any exemption … Continue reading British Association of Leisure Parks, Piers and Attractions Led v Revenue and Customs; UTTC 12 Mar 2013

Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003

References: [2003] UKHL 67, Gazette 22-Jan-2004, [2004] STC 73 Links: House of Lords, Bailii Coram: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Walker of Gestingthorpe When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher … Continue reading Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003

Finance and Business Training Ltd v HM Revenue and Customs; UTTC 26 Nov 2013

References: [2013] UKUT 594 (TCC) Links: Bailii UTTC Value Added Tax – whether services provided by Appellant exempt under Value Added Tax Act 1994, Schedule 9, Group 6, Item 1 – whether Appellant was ‘an eligible body’ within Note (1)(b)- whether Appellant was a college or institution of the University of Wales – whether possible … Continue reading Finance and Business Training Ltd v HM Revenue and Customs; UTTC 26 Nov 2013

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Institute of Chartered Accountants in England and Wales v Commissioners of Customs and Excise: HL 11 Mar 1999

Where a body regulated a profession by virtue of a statutory regime, the fees charged by that body to its members were not subject to VAT. Promoting and supervising professional standards is not an ‘economic activity’ within the meaning of the Act. Citations: Times 29-Mar-1999, Gazette 19-May-1999, [1999] UKHL 19; [1999] 2 All ER 449; … Continue reading Institute of Chartered Accountants in England and Wales v Commissioners of Customs and Excise: HL 11 Mar 1999

Marks and Spencer Plc v Customs and Excise: CA 14 Dec 1999

The taxpayer discovered that it had over several years made overpayments of VAT on chocolate covered biscuits because of a mistake as to the tax mutual with the defendants. Held: MandS’s challenge to section 80(4) (as infringing EU law) failed, as regards the teacakes claim, because the Becker conditions were not satisfied (Becker v Finanzamt … Continue reading Marks and Spencer Plc v Customs and Excise: CA 14 Dec 1999

Eastbourne Town Radio Cars Association v Commissioners for Customs and Excise: Admn 18 Oct 1996

The commissioners sought to charge VAT on subscriptions paid to an association who provided centralised support services to its members. It claimed that the fees were provided as agents for its members, and so were exempt. Citations: [1996] EWHC Admin 129 Links: Bailii Statutes: Value Added Tax Act 1994 4(1) 94(2)(a) VAT Updated: 25 May … Continue reading Eastbourne Town Radio Cars Association v Commissioners for Customs and Excise: Admn 18 Oct 1996

Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise: HL 15 Dec 1998

Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them. Held: The contract providing cleaning and other services, by a maintenance fund for a block of flats, was a VATable supply by the Trustees who … Continue reading Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise: HL 15 Dec 1998

Elias Gate Racing v Commissioners of Customs and Excise: QBD 10 Feb 1999

A reduction assessment made by the Commissioners, of the VAT due, which had made been under their powers to make such ‘according to their best judgment’, could not be challenged at the VAT Tribunal on the exercise of that best judgment. Citations: Times 28-Dec-1998, Gazette 10-Feb-1999 Statutes: Value Added Tax Act 1994 73(1) VAT Updated: … Continue reading Elias Gate Racing v Commissioners of Customs and Excise: QBD 10 Feb 1999

Rahman T/A Khayam Restaurant v Commissioner of Customs and Excise: Admn 11 Jun 1998

The court described the existing practice for a tribunal to look at a challenge to an assessment to VAT which was that the Tribunal should adopt a ‘two stage approach’: ‘ the practice is to consider these cases in two stages: (1) consideration whether the assessment was made according to the ‘best judgment of the … Continue reading Rahman T/A Khayam Restaurant v Commissioner of Customs and Excise: Admn 11 Jun 1998

Regina v Commissioners of Customs and Excise, ex Parte Kay and Co; Regina v Same, ex Parte Similar: CA 10 Dec 1996

The commissioners had no power to impose time limits on retrospective refund claims. Judges: Keene J Citations: Times 10-Dec-1996, [1996] STC 1500 Statutes: Bill of Rights 1688, Value Added Tax Act 1994 80 Jurisdiction: England and Wales Citing: Appeal from – Regina v Commissioners of Customs and Excise ex parte Kay and Co, Association of … Continue reading Regina v Commissioners of Customs and Excise, ex Parte Kay and Co; Regina v Same, ex Parte Similar: CA 10 Dec 1996

Marks and Spencer Plc v Commissioners of Customs and Excise: QBD 19 Jan 1999

Reclaims of overpaid VAT are governed by our domestic legislation, and not by European VAT law. Zero-rate is not a tax set under European law. Limitations on reclaims are therefore properly set by our national legislation. Unjust enrichment explored. Citations: Times 19-Jan-1999 Statutes: Value Added Tax Act 1994 80 Jurisdiction: England and Wales VAT, European … Continue reading Marks and Spencer Plc v Commissioners of Customs and Excise: QBD 19 Jan 1999

Georgiou and Another v Commissioners of Customs and Excise: QBD 19 Oct 1995

The VAT tribunal may assess whether the Commissioner had acted on the basis of his best judgment. Evans LJ discussed appeals on fact disguised as appeals on law: ‘There is a well-recognised need for caution in permitting challenges to findings of fact on the ground that they raise this kind of question of law. That … Continue reading Georgiou and Another v Commissioners of Customs and Excise: QBD 19 Oct 1995

Customs and Excise Commissioners v Wellington Private Hospital Ltd and Others: QBD 30 May 1995

Medicines provided by hospitals from own stocks and prostheses are exempt supplies. Citations: Ind Summary 30-May-1995 Statutes: Value Added Tax Act 1994 Sch 8 grp 12 1 and 2 Jurisdiction: England and Wales Citing: See Also – British United Provident Association Limited v Commissioners of Customs and Excise; etc Admn 23-Jan-1997 In determining whether what … Continue reading Customs and Excise Commissioners v Wellington Private Hospital Ltd and Others: QBD 30 May 1995

Commissioners of Customs and Excise v Westmorland Motorway Services Ltd: CA 5 Feb 1998

Westmorland ran motorway service stations. Its practice, known to coach drivers, was to provide, without payment, a packet of cigarettes and a self-service meal (chosen from its usual menu) to any coach driver who brought a coach with at least twenty passengers and stopped for at least thirty minutes. The issue was to quantify the … Continue reading Commissioners of Customs and Excise v Westmorland Motorway Services Ltd: CA 5 Feb 1998

Commissioners of Customs and Excise v Reed Personnel Services Ltd: QBD 13 Apr 1995

A company providing agency nurses was not itself providing nursing services and was not exempt from VAT. Where a tripartite contract was unclear on the liability for VAT, the tribunal was to look on it as a whole. It was the function of the Tribunal to hear the evidence and to ascertain from the whole … Continue reading Commissioners of Customs and Excise v Reed Personnel Services Ltd: QBD 13 Apr 1995

Commissioners of Customs and Excise v Leightons Ltd; Same v Eye-Tech Opticians: QBD 13 Apr 1995

Opticians supply of glasses and of eye tests are separate of goods and services. The dispensing and fitting of spectacles was a separate service from supply of spectacles. Citations: Times 13-Apr-1995, Ind Summary 30-May-1995 Statutes: Value Added Tax Act 1983 40(1), Value Added Tax Act 1994 Sch 9 grp7 item 1 Jurisdiction: England and Wales … Continue reading Commissioners of Customs and Excise v Leightons Ltd; Same v Eye-Tech Opticians: QBD 13 Apr 1995

B J Rice and Associates (A Firm) v Commissioners of Customs and Excise: CA 14 Feb 1996

Liability for VAT was determined at date of supply of services not date of bill. Citations: Times 14-Feb-1996, [1996] STC 581 Statutes: Value Added Tax Act 1983 4 5 Jurisdiction: England and Wales Citing: Appeal from – B J Rice and Associates v Customs and Excise Commissioners QBD 18-Apr-1994 Time of supply on continuous service … Continue reading B J Rice and Associates (A Firm) v Commissioners of Customs and Excise: CA 14 Feb 1996

Mathieson v Commissioners of Customs and Excise: OHCS 17 Jun 1999

A taxpayer acting upon misleading advice from a customs official which led to an overpayment of VAT, the taxpayer was entitled to the repayment together with interest on the overpaid sum. That advice was incomplete rather than erroneous as such did not decide the issue. Citations: Times 17-Jun-1999 Statutes: Value Added Tax Act 1994 78(1)(a) … Continue reading Mathieson v Commissioners of Customs and Excise: OHCS 17 Jun 1999

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index