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Upper Tribunal Upholds HMRC Excise Duty Drawback Refusal: Strict Compliance and FTT Jurisdiction Clarified

  • DFUK appealed HMRC’s refusal of its excise duty drawback claim, arguing issues with time limits, waiver, and procedural compliance.
  • HMRC rejected the claim for being out of time, improper duty-stamp obliteration, and lack of valid export documentation.
  • The FTT mostly upheld HMRC’s decision, except for a small portion of the claim.
  • The UT agreed with the FTT, finding HMRC acted lawfully and DFUK failed to meet substantive requirements, despite possible waiver of the time limit.
  • The case underscores the strict compliance required for excise duty drawback claims, especially regarding documentation and duty-stamp procedures.

Source: rpclegal.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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