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The taxpayer company operated as a chauffeur-driven luxury car-hire business. M was the managing director and sole shareholder. In November 2002 the taxpayer informed HMRC it was going to trade in mobile phones.
Its claim for input tax was rejected by HMRC on the basis that the company was part of missing trader intra-community fraud. The First-tier Tribunal decided M was aware of the fraud and upheld HMRC’s decision.
BDO Stoy Hayward LLP lodged a notice of appeal to the High Court on the taxpayer’s behalf which the Revenue applied to strike out.
On the day prior to a directions hearing M sought to withdraw the appeal on the taxpayer’s behalf citing financial difficulties. HMRC however said they would be attending the hearing and would seek an order for costs against the taxpayer.
The...
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