Industrial Contracting Services Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 4 May 2011

Neutral citation: [2011] UKFTT 290 (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 HMRC's cancellation of the appellant's CIS gross payment registration after a single Class 1A NIC payment of £361.60 was paid 20 days late. The First-tier Tribunal found there was no "reasonable excuse" for the late payment, held HMRC acted within the statutory scheme in cancelling gross status, and dismissed the appeal. The Tribunal also held it had no jurisdiction to apply a proportionality test based on adverse business consequences.

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 the statutory regime limits any discretion to avoid cancellation to the statutory "reasonable excuse" exception; if no reasonable excuse is shown, cancellation follows and the Tribunal may not substitute a proportionality or consequences-based assessment for that statutory test.

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 notes prior comments in earlier decisions that, in exceptional cases, the consequences of withdrawal might bear on whether an excuse is reasonable, and it records that HMRC guidance (CISR) informs officer practice, but treats those points as not overriding the statutory scheme; these observations are non-binding in the Tribunal's view.