Eastenders Cash and Carry Plc v Commissioners for Her Majesty's Revenue and Customs

Decision date: 29 December 2010

Neutral citation: [2011] UKFTT 25 (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’s refusal (24 June 2008) to register Eastenders Cash and Carry Plc as a WOWGR registered owner, the refusal being based solely on unspent 1997 convictions of its two directors. The Tribunal found the decision-maker had not considered other relevant information (notably the appellant’s long compliance record and deferred duty account history), held the decision could not reasonably have been arrived at under s.16(4) FA 1994, allowed the appeal and directed HMRC to carry out a fresh review considering specified factors. The Tribunal declined to make a declaratory order and required a further review instead.

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

A decision to refuse WOWGR registration based solely on unspent convictions, without considering other reasonably available relevant factors (for example tax compliance history, operation and conduct of a deferred duty account, possible conditions or restrictions, and any further representations), may be unreasonable for the purposes of s.16(4) FA 1994 and warrant a fresh review.

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 HMRC officers are not required to re‑litigate or investigate the soundness of past criminal convictions in the absence of an appeal or evidence that a conviction is unsafe. It also noted that HMRC may legitimately treat WOWGR registration as posing different (potentially higher) revenue risk than a deferred duty account, which can justify different decision approaches in the absence of irrationality.