Queenspice Limited v Her Majesty's Revenue & Customs

Decision date: 6 November 2009

Neutral citation: [2009] UKFTT 300 (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

HMRC issued a VAT assessment of £106,504 against Queenspice Ltd for under-declared turnover for March 2002–May 2008 based on two test purchases and two investigatory "cash ups." The First-tier Tribunal accepted HMRC officers' contemporaneous notes as best evidence, found the methodology (including reliance on the two sample days) sufficient for a best-judgement assessment, and concluded the under-declaration was deliberate and dishonest. The appeal was dismissed and the assessment upheld.

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 held that contemporaneous witness testimony and investigators' contemporaneous notes can constitute the "best evidence" where original receipts or detailed records are unavailable, and that a Section 73 best-judgement assessment based on limited investigatory sampling (here two "cash ups") can be reasonable and valid if justified by the nature of the business and the available information.

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 noted, obiter, that while statistical experts may prefer larger samples, the practical experience and direct observations of HMRC investigators can suffice for estimating turnover in a restaurant context; and that the absence of immediate penalties or related corporation tax adjustments does not of itself undermine a valid VAT assessment.