Jit Panesar v The Commissioners for HMRC

Decision date: 15 May 2024

Neutral citation: [2024] UKFTT 412 (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 a very late appeal (over eight years) by Mr Jit Panesar against late-filing penalties for the 2012/2013 self-assessment return. The Tribunal applied the Martland three-stage test and found the delay serious, the appellant's explanations weak, and correspondence had been sent to his UK address; permission to appeal out of time was refused. On the merits the Tribunal found no objectively reasonable excuse or special circumstances for late filing and would have dismissed the appeal in any event. The application for permission to appeal out of time and the substantive appeal were therefore both 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

The Tribunal held that failing to obtain an online submission receipt when attempting to file, even if the taxpayer experienced website problems, is not objectively sufficient to establish a reasonable excuse absent verification that a valid submission was made; and that long, unexplained delay in seeking to challenge penalties where notices were sent to the taxpayer's address and not returned weighs heavily against granting permission to appeal out of time.

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 observed that taxpayers who have previously filed successfully and are computer-literate are expected to take verification steps when website issues occur, and that payment of the assessed tax alone does not demonstrate a successful electronic filing nor, by itself, amount to a reasonable excuse.