Simone J Greaves describes the long-term implications of R (oao UKTradecorp Ltd) v Commissioners of Customs and Excise
The recent judicial review case of R (oao UK Tradecorp Ltd) v Commissioners of Customs and Excise[2004] EWHC 2515 (Admin) is a landmark decision the implications of which go far beyond its fairly limited facts.
The two key pronouncements of the High Court (Mr Justice Lightman) are that:
● the right to deduct input tax is not an absolute and unfettered right that can be exercised simply by making a claim to deduct — the claim to deduct must first be established as valid for the right to arise; and
● Customs & Excise are only under a duty to pay interest on repayments...
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Simone J Greaves describes the long-term implications of R (oao UKTradecorp Ltd) v Commissioners of Customs and Excise
The recent judicial review case of R (oao UK Tradecorp Ltd) v Commissioners of Customs and Excise[2004] EWHC 2515 (Admin) is a landmark decision the implications of which go far beyond its fairly limited facts.
The two key pronouncements of the High Court (Mr Justice Lightman) are that:
● the right to deduct input tax is not an absolute and unfettered right that can be exercised simply by making a claim to deduct — the claim to deduct must first be established as valid for the right to arise; and
● Customs & Excise are only under a duty to pay interest on repayments...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
