Kanchan Devi Agnihotri v Commissioners for Her Majesty's Revenue and Customs

Decision date: 20 May 2010

Neutral citation: [2010] UKFTT 230 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This case concerns Mrs Kanchan Devi Agnihotri’s appeal against HMRC’s amendment to her 2002/03 self assessment, discovery assessments for tax years 1996/97–2004/05, and related penalties. HMRC made estimates of additional taxable income after receiving incomplete records and conducted a discovery under section 29 TMA; the Tribunal found those estimates fair and upheld the assessments. The Tribunal also held that Mrs Agnihotri failed to notify chargeability and to keep adequate business records, making her liable to penalties which were not disturbed. The appeal was dismissed.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where a taxpayer produces incomplete records and does not cooperate, HMRC may make reasonable estimates and lawfully raise discovery assessments based on available material and reasonable inferences; the taxpayer bears the burden of showing that such assessments are unfair.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The judgment expresses that estimates must be "fair" and that reasonable inferences are permissible when full records are not produced. The Tribunal also noted its practice of refusing adjournments or admission of late evidence where directions and timelines have not been followed.