- The Upper Tribunal (UT) upheld HMRC’s appeal against the award of discretionary interest to Colaingrove Ltd by the First-tier Tribunal (FTT).
- The case concerned whether Colaingrove was entitled to discretionary interest under section 84(8) VATA 1994 for overpaid VAT repaid by HMRC.
- The UT found the FTT had wrongly interpreted the scope of section 84(8), limiting its application to specific situations outlined in section 84(3).
- As a result, the UT set aside the FTT’s decision and dismissed Colaingrove’s applications for further interest.
- The remaining grounds of appeal for both parties were considered academic and would have been dismissed.
Source: claritaxnews.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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