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Simone J Greaves describes the long-term implications of R (oao UKTradecorp Ltd) v Commissioners of Customs and Excise

 
Simone J Greaves describes the long-term implications of R (oao UKTradecorp Ltd) v Commissioners of Customs and Excise
 
The recent judicial review case of R (oao UK Tradecorp Ltd) v Commissioners of Customs and Excise [2004] EWHC 2515 (Admin) is a landmark decision the implications of which go far beyond its fairly limited facts.
 
The two key pronouncements of the High Court (Mr Justice Lightman) are that:
 
●     the right to deduct input tax is not an absolute and unfettered right that can be exercised simply by making a claim to deduct — the claim to deduct must first be established as valid for the right to arise;...

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