The Tyre Company (NI) Limited & Anor v The Commissioners for HMRC

Decision date: 30 May 2024

Neutral citation: [2024] UKFTT 461 (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

The First-tier Tribunal refused three applications by The Tyre Company (NI) Ltd and another for permission to bring late appeals against VAT assessments, a penalty assessment and a personal liability notice. The appeals were between about 4½ and 17 months late; the tribunal found the delay serious, caused by the appellants’ former representative and not excused, and that the appellants’ evidence and merits were limited. Balancing all circumstances, including the importance of statutory time limits, permission to file late appeals was refused.

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 three-stage Denton-style approach: (1) assess the length of the delay; (2) examine reasons for the delay; and (3) balance all relevant circumstances, including prejudice and the merits. It held that representative failures (e.g. an accountant or solicitor not seeking review or appeal) do not ordinarily amount to a good reason to displace statutory time limits and that appellants may have a separate remedy against their adviser.

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 an offer by HMRC to consider further evidence after time limits expire does not amount to waiver of those time limits where the offer is conditional on there being a reasonable excuse for lateness. It also noted that, while detailed merits analysis should generally be avoided when deciding extensions, the tribunal may form a broad impression of the strength or weakness of the case where that is plainly possible.