Martin Peter Byrne and Ellena Byrne t/a EVA v The Commissioners for HMRC

Decision date: 26 January 2024

Neutral citation: [2024] UKFTT 103 (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 challenged HMRC s73 VATA assessments based on an unannounced uplift of a 4-day receipts book which HMRC used to estimate undeclared cash takings for 03/12–09/17. The Tribunal found HMRC acted in good faith, the 4‑day sample (revised to 22.4% cash) was the best available representative period, and the appellants failed to prove the assessment quantum wrong or to provide a more reliable methodology. The appeals were dismissed and the revised HMRC assessment stands.

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

Where a taxpayer cannot produce fuller records and no more representative review period is available, an unannounced uplifted contemporaneous receipts book can form a permissible basis for a best-of-judgment s73 VATA assessment; the taxpayer appealing quantum must positively demonstrate both that an assessment is wrong and what reliable corrections should be made, not rely on intuition or unsubstantiated adjustments.

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 noted that HMRC internal guidance is not binding on it and that assertions about modest lifestyle, business sale attempts, or alleged goodwill do not, without corroborative evidence, render HMRC’s figures inherently incredible.