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HMRC assessed the taxpayer company for VAT in respect of under-declaration of output tax during the period from March 2002 to May 2008.
The taxpayer appealed to the First-tier Tribunal which decided the assessment had been calculated to HMRC’s ‘best judgment’ on the basis of the information available to them at 30 August 2008.
The taxpayer appealed saying the tribunal had misdirected itself in law by ignoring the evidence of an expert witness who had shown that the information used by HMRC was not a sound basis for extrapolation of the turnover of the restaurant over six years.
The Upper Tribunal (Tax and Chancery Chamber) said that the word ‘best’ where it was used in the phrase ‘to the best of their judgment’ in VATA 1994 s 73(1) implied that the result might...
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