Bodrul Zzaman v The Commissioners for HMRC

Decision date: 3 April 2025

Neutral citation: [2025] UKFTT 539 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

Mr Zzaman appealed a discovery assessment of £2,501 for 2018–19 under the High Income Child Benefit Charge (HICBC). The First‑tier Tribunal dismissed the appeal, finding an HMRC officer had validly made a "discovery" under s29 TMA and that the subsequent assessment was validly issued as part of a continuum of HMRC activity. The Tribunal also held HMRC had no general duty to notify taxpayers of HICBC liability and rejected arguments about retrospective law, calculation difficulty, unfairness and human rights infringements.

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 applied a two‑part test for a s29 "discovery": it requires an HMRC officer's subjective belief that tax is unpaid or insufficient and that belief must be one a reasonable officer could form. A discovery by one officer can support an assessment issued by another if the investigative activity is continuous and the Commissioners of Revenue and Customs Act 2005 s2(4) applies, allowing the later officer to issue the assessment.

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 noted that pleadings drafted using AI may contain inaccurate or irrelevant citations and urged litigants to check AI outputs; it also observed that the First‑tier Tribunal cannot resolve general policy complaints about the fairness of tax measures such as HICBC.

Warning

The chunk contains substantial repetition and some unclear or duplicated citations and text, making parts of it noisy. The provided notes contain repetition and some unclear or duplicated material; they may be noisy and not fully comprehensive.