Pavan Trading Limited v The Commissioners for HMRC

Decision date: 25 January 2023

Neutral citation: [2023] UKFTT 79 (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

Pavan Trading Ltd appealed HMRC assessments denying VAT zero‑rating on 13 exports to the US. The Tribunal held that the trader satisfied the paragraph 6.5 export evidence requirements because it had the relevant documents in its possession within the three‑month period and the combined documentary record supported zero‑rating. The appeal was allowed and HMRC’s assessments were not 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 concluded that the three‑month time limit in Notice 703 (para 3.5) requires the trader to have obtained and have in its possession the requisite export evidence within that period, not that the evidence must have been submitted to HMRC within three months; and that export evidence can be established by considering all relevant documents held by the trader within the time limit, rather than requiring every required matter to appear in a single document.

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 observes that there is no statutory requirement that CP72 forms or other export documents must show the supplier’s full address or that invoices be denominated in sterling; and that isolated documentary inconsistencies (for example, a low declared parcel value) do not, without more, invalidate an otherwise adequate evidential case for export zero‑rating.