TPH Developments Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 May 2011

Neutral citation: [2011] UKFTT 297 (TC)

Overall AI summary confidence: medium

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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: medium

TPH Developments appealed three VAT assessments. The Tribunal exceptionally allowed the late appeal, upheld HMRC's 01/04 assessment (finding the appellant had not shown HMRC's 25% apportionment to be unreasonable), reserved decision on the 04/04 assessment pending consideration of alleged maladministration/legitimate expectation, and adjourned the 10/05 wall zero‑rating issue for further evidence and submissions.

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 treated two legal propositions as dispositive: (1) it may exceptionally extend time to admit a late notice of appeal where delay is not entirely the appellant's fault and HMRC errors contributed; and (2) an apportionment made by HMRC (here 25% taxable repairs) stands unless the appellant discharges the burden of proving it is unreasonable or incorrect.

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 records unresolved observations that the Tribunal’s jurisdiction to entertain public‑law complaints (alleged maladministration/legitimate expectation) in a VAT appeal is uncertain and that evidence of pre‑application discussions with HMRC might, if sufficiently clear, support a legitimate expectation — but those points were not decided and were reserved for further consideration.

Warning

quality:contains_crown_copyright Chunk contains duplicated and slightly disordered text; some passages were repeated. Notes contain some duplicated and slightly disordered text and do not include the full reasoning on the reserved/adjourned points.