In Milton Keynes Hospitals etc. (TC07158), an NHS Foundation reclaimed VAT under the scheme for contracted out services (COSD) in which VAT that is not strictly input tax can nevertheless be recovered in a VAT return under S41 VATA. However, this was an error.
The issue in point in the tribunal case was whether HMRC had powers to recover overpaid VAT.
Source: accountancydaily.co
