Neil Eatough v Commissioners for Her Majesty's Revenue and Customs

Decision date: 19 May 2011

Neutral citation: [2011] UKFTT 335 (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 whether director Neil Eatough could be personally assessed for £40,181 excise duty unpaid by Dexter Paints Ltd after he signed Form EX103A. The First-tier Tribunal held that the statutory scheme and regulations make both the corporate body and the person who signs the entry form potentially liable, dismissed challenges to the lawfulness and reasonableness of HMRC’s review decision, and upheld the assessment. The appeal was dismissed.

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’s ratio is that where domestic legislation and regulations expressly link liability to the person who makes an entry (here by signing EX103A), signing that form can render the signatory personally liable for the company’s excise duty; public notices or entry forms that require an authorised signatory and refer to statutory provisions can put signatories on notice of potential personal liability.

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 observes (obiter) that distinctions between production-premises regimes and warehousing/duty-suspended regimes may affect the applicability of EU directives relied upon, and that HMRC may properly take a company’s insolvency position into account when deciding whom to pursue for recovery of revenue.