Ataf Iqbal Butt v The Commissioners for HMRC

Decision date: 7 October 2024

Neutral citation: [2024] UKFTT 893 (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

Mr Butt sought late permission to abandon his original defence to a 2007 VAT assessment and amend his grounds to allege the transactions were part of a VAT carousel fraud and that no supplies occurred. The Tribunal found the proposed amended case had a real prospect of success on the evidence but refused permission to amend because of unjustified delay, wasted resources, prejudice to HMRC and the public interest in finality, struck out the appeal and refused admission of additional documents.

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

Where an appellant seeks to amend to raise a wholly inconsistent case, the Tribunal must scrutinise the application and may refuse amendment even if the new case is arguable where there has been unjustified delay and the amendment would cause significant prejudice, waste extensive prior work, or undermine the public interest in finality.

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

Lateness is a relative concept and the adequacy of the applicant’s explanation for delay and the extent of wasted work are critical factors in the balancing exercise; allegations (such as intimidation) require independent support and unsupported assertions carry limited weight.