Mr Mayur Bodani v Commissioners for Her Majesty's Revenue and Customs

Decision date: 18 January 2011

Neutral citation: [2011] UKFTT 61 (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 default surcharges under s.59 TMA for late tax payments due in 2007–08 that were not paid until 12 June 2009. The Tribunal found the appellant had a reasonable excuse up to 4 February 2008 (as conceded by HMRC) but that the excuse did not extend to 12 June 2009, and dismissed the appeal, confirming the surcharges.

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 applied a test of whether the taxpayer, being aware of obligations, did everything reasonably expected in the circumstances; for s.59 a taxpayer must have a reasonable excuse covering the whole period of default in order to avoid the applicable surcharge(s).

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 observed that where documents and basic information are available the taxpayer may be expected to take practical steps (such as enlisting help) and that factual judgments about how long third parties or accountants take in preparing returns are relevant to what delay is reasonable.