Davis and Dann Limited and Precis (1080) Limited v The Commissioners for HM Revenue and Customs: [2013] UKUT 0374 (TCC)

Upper Tribunal Tax and Chancery decision of Judge Gammie and Judge Sadler on 6 August 2013.

Read the full decision in (1) Davis & Dann Limited (2) Precis (1080) Limited v The Commissioners for HM Revenue and Customs: [2013] UKUT 0374 (TCC).

VALUE ADDED TAX – denial of repayment of input tax due to MTIC fraud – ‘grey market’ transaction in razor blades – nature of and terms on which transactions entered into – other parties to the transactions unconnected with the fraud – whether FTT erred in concluding on the facts that the only reasonable explanation for the circumstances in which the taxpayers’ purchases took place was that they were connected with fraud – yes – whether taxpayers should have been aware of the connection with fraud earlier in the chain of transactions – no – appeal allowed.

Published 1 December 2016