Balti Hut (Gloucester) and A G Ali v HMRC

In Balti Hut (Gloucester) and A G Ali v HMRC [2017] UKFTT 231 (21 March 2017) the FTT found that it could not reduce assessments to a negative figure for the purposes of both TMA 1970 s 31 and VATA 1994 s 84.

The FTT had allowed the taxpayer’s appeal in part leaving it to the parties to agree the relevant figures. They had been unable to reach an agreement and had applied for a determination. The taxpayers objected to HMRC’s figures in that when the takings figures of the business were adjusted in accordance with the decision for some periods the result was a lower turnover figure than stated on the original VAT returns and on Mr Ali’s income tax self-assessment returns. The taxpayers contended that those resulting ‘negative assessments’ should reduce the overall (adjusted) VAT assessments and income tax discovery assessments and closure notices...