Hi Tech Paints Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 24 November 2010

Neutral citation: [2010] UKFTT 591 (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

Hi Tech Paints appealed a £100 penalty for late submission of a CIS return received by HMRC on 23 March 2010 for the period ended 5 March 2010, claiming postage on or before the due date and relying on a company secretary’s letter and a photocopied envelope. The Tribunal found the appellant’s evidence inconsistent and lacking independent corroboration, and concluded postage was likely insufficient despite prior HMRC advice to retain postage evidence. The appeal was dismissed and the penalty confirmed.

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 an appeal predicated on postal delay or third-party fault as requiring independent corroborative evidence of timely posting and sufficient postage; absent such evidence and where witness statements are inconsistent, the appellant does not have a reasonable excuse and the penalty stands.

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 indicated that prior HMRC advice to use large-letter postage and to retain postage evidence is a relevant consideration when assessing postal-delay claims, and that photocopies of envelopes and witness statements alone may be insufficient without independent corroboration.

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