NG International Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 3 September 2010

Neutral citation: [2010] UKFTT 417 (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 appeal concerned NG International's claims for repayment of input VAT on mobile phone purchases in 03/2006 and 04–06/2006, which HMRC refused on the basis that the purchases were connected to MTIC fraud. The Tribunal found that the purchases traced through deal chains to seven defaulting UK traders who had not paid output VAT, that there was a sufficient connection between those frauds and NG's purchases, and that NG (through Mr Riyait) should have known of that connection. HMRC's refusals were therefore largely upheld: the March 2006 claim was disallowed in full and almost all of the April–June 2006 claim was disallowed, with a small remainder allowed.

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 transactions can be traced through clearly identified chains to traders who defaulted on output VAT, that tracing can establish the requisite "connection" between the purchaser's transactions and a fraudulent evasion for the purposes of denying input VAT; furthermore, a purchaser's constructive knowledge of that connection may be inferred from the repeated, patterned features of the transactions and from inadequate due diligence by the purchaser.

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 Tribunal indicated (obiter) that HMRC communications such as warning letters or partial checks (e.g. Redhill validations) do not relieve a trader of the need to exercise independent judgment in carrying out due diligence, and that indicia such as routine same‑day completion, absence of stockholding, and consistently narrow margins are factors that should put a trader on enquiry.