Pars Technology Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 15 December 2010

Neutral citation: [2011] UKFTT 9 (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 concerned HMRC's refusal to repay input VAT claimed by Pars Technology on 59 invoices in April–May 2006, HMRC alleging the purchases formed part of MTIC fraud chains. The Tribunal found the majority of chains traced to alleged defaulters, that the chains were organised for fraud, and that Pars (through its director and officers) knew or ought to have known of the connection to fraudulent VAT evasion. Pars' appeal was dismissed and HMRC were awarded costs.

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: medium

The Tribunal applied the ECJ Kittel principle: a taxpayer who knew or ought to have known that its transactions were connected with fraudulent evasion of VAT loses the right to deduct input tax. In assessing "ought to have known" the tribunal considered objective indicators and held a duty to take reasonable precautions and make further enquiries where negative indicators existed; failure to take such steps (including performing only superficial or "window-dressing" due diligence) can establish constructive knowledge.

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 notes record the Tribunal's observations that HMRC need not join or have prosecuted alleged defaulters or intermediary buffer traders before finding fraud or denying input tax recovery, and that the Kittel inquiry focuses on forfeiture of the deduction right rather than on matching HMRC's loss to the claimant's denied input VAT. The Tribunal also noted that evidence of sham or ineffective due diligence (e.g. paid-for inspections not read) may support findings of actual knowledge.