Peppermint Foods Limited v The Commissioners for HMRC

Decision date: 28 July 2022

Neutral citation: [2022] UKFTT 232 (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 a VAT best‑of‑judgment assessment by HMRC of Peppermint Foods Ltd, alleging hot takeaway sales had been wrongly recorded as zero‑rated cold sales at two Subway outlets. The Tribunal found HMRC's assessment (reduced on review to £144,383 for the relevant periods) was based on evidence and not arbitrary, was issued within the one‑year time limit, and dismissed the appeal. The appellant did not prove the assessment was excessive or provide a reliable alternative figure.

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 that a best‑of‑judgment VAT assessment is valid where it is based on a reasonable, evidence‑based, non‑arbitrary exercise by HMRC (even if broad‑brush), and that the one‑year timing period for issuing such an assessment runs from the date HMRC last received evidence of sufficient weight to justify 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 indicates HMRC are not required to carry out exhaustive investigations and may reasonably seek further corroborating evidence (for example invigilation) before assessing; it also suggests that a taxpayer confronting a best‑of‑judgment assessment should supply quantitative alternative data if alleging the assessment is excessive.

Warning

Some paragraphs in the chunk are duplicated and the text is repetitive, which can make extraction of points slightly cumbersome. Notes include duplicated and repetitive paragraphs which made extraction cumbersome; otherwise no obvious material omissions identified.