CRC v NT ADA Ltd (formerly NT Jersey Ltd), Upper Tribunal (Tax and Chancery Chamber), 22 February 2018
Statutory review of VAT assessment offered by HMRC
The substantive appeal concerned a dispute as to whether a Jersey incorporated company, NT ADA, was within the scope of UK VAT for supplies made to UK-based customers. HMRC ruled the company should be VAT-registered, issued a certificate of registration effective from 1 May 2008, and imposed a penalty under VATA 1994, s 67 for failure to register.
The company appealed on a protective basis but said the First-tier Tribunal had no jurisdiction to hear the appeal. The tribunal decided it did have jurisdiction on the first two matters but struck out the penalty appeal. This was on the ground that HMRC had failed to comply with the requirements of VATA 1994, s 83A ...