In MR Khan (t/a Khan Tandoori II) v HMRC (and related appeal) (Upper Tribunal – 18 July) HMRC issued an estimated VAT assessment on a restaurant proprietor in September 2008. He appealed contending that the assessment had been issued outside the statutory time limit. The First-tier Tribunal rejected this contention and upheld the assessment holding that HMRC had not obtained the necessary ‘evidence of facts’ until February 2008 so that the assessment was within the statutory time limit. The Upper Tribunal upheld this decision as one of fact.
Why it matters: VAT assessments should be made within the time limits set out in VATA 1994 s 73(6) (now broadly not more than two years after the end of the prescribed accounting period or one year after the evidence of facts sufficient to justify the making of the assessment comes to the knowledge of HMRC)....
