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Enviroengineering Ltd v HMRC (No 2)

In Enviroengineering Ltd v HMRC (No 2) (TC01221 – 12 July) a company (E) submitted VAT returns for the periods from February to October 2000 showing substantial VAT liability.

In 2010 E sought to adjust the returns contending that they overstated its liability.

HMRC rejected the claim and E appealed to the Tribunal.

HMRC applied for the appeal to be struck out on the grounds that it had no reasonable prospect of success.

Judge Brooks accepted this contention and struck out E’s appeal observing that VAT Regulations SI 1995/2518 reg 34 ‘limits the period during which any overstatement in a return may be corrected to four years from the end of the prescribed accounting period for which the return was made’.

Why it matters: The Tribunal upheld HMRC’s view that the appeal had no reasonable prospect...

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