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VALUE ADDED TAX – denial of repayment of input tax due to MTIC
fraud – FTT concluding that the taxpayer knew that its transactions were
connected with fraud – whether extension to contra-trading transactions
compatible with the right to deduct under EU law – whether case should be
referred to the Court of Justice to consider the issue – whether HMRC
bound to plead fraud or conspiracy to succeed.
Published 1 December 2016