In Enta Technologies Limited v HMRC (4093/2013 – 21 March 2014) HMRC had carried out an investigation into all Enta’s VAT returns and issued assessments representing more than £35 million additional tax. The Court of Appeal dismissed HMRC’s petition for winding up of the company.
The first 17 assessments were appealed by Enta to the FTT. HMRC subsequently presented a petition to wind up Enta based on the non-payment of assessments 18 to 36. By this time Enta had filed a notice to appeal against those but it was substantially out of time. The FTT judge granted an extension of time – noting that the appeals were not hopeless – and ordered that the second appeal be stayed until the determination of the first appeal.
The court noted that the winding-up jurisdiction is not to be used ‘to resolve genuine and real disputes as to the existence of...
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