In One Source (London) v HMRC [2015] UKFTT 500 (20 October 2015) the FTT accepted to hear an appeal out of time.
The issue was whether One Source could appeal out of time against an excise wrongdoing penalty. One Source had appealed against the assessment and it therefore had not believed that it also needed to appeal against the penalty. It therefore contended that it had a reasonable excuse under FA 2008 Sch 41 para 20(1).
The FTT observed that it should conduct a balancing exercise taking into account all relevant circumstances and the factors set out in Data Select [2012] STC 2195 including the arguable merits of each party’s case.
The FTT noted that the two months’ delay was not ‘inordinate’. Furthermore there was a good explanation for the delay. One Source had believed that the penalty would ‘fall away’ if its appeal against the...
