In Monica Bircham v HMRC [2015] UKFTT 293 (15 June 2015) the FTT confirmed the correctness and the validity of assessments and upheld penalties imposed for deliberately inflating claims to repayment of tax.
Ms Bircham had admitted to inflating claims to repayment of input tax in her quarterly returns as well as forging invoices. She had been charged and had pleaded guilty to the offence of cheating the public revenue. She contended that some of the assessed tax was input tax to which she was properly entitled as it was incurred on purchases actually made in the course of her business.
The FTT noted that an assessment is correct save to the extent that the taxpayer can quantify it to be wrong (Biflex Caribbean Ltd [1990] UKPC 35). Whilst it was accepted that there was some genuine input tax Ms Bircham admitted that she did not keep...
