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The taxpayer company registered for VAT from July 2007. In its first VAT return it claimed a repayment of £171 569.
Following an investigation HMRC concluded the company had been set up to evade VAT and it had falsely claimed input tax on invoices for supplies by six traders five of whom it described as missing traders.
In February 2011 the Revenue presented a petition for the taxpayer's compulsory winding up on the grounds of its insolvency. The department also assessed the business to VAT amounting to around £2.3 million.
The company claimed it was owed VAT of £400 000 although HMRC disputed this and made a without notice application for the appointment of a provisional liquidator.
The company subsequently applied for an immediate discharge of that order. The High Court allowed the taxpayer's...
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