S and I Electrical Plc v The Commissioners for HM Revenue and Customs: [2015] UKUT 0162 (TCC)
Upper Tribunal Tax and Chancery decision of Mrs Justice Asplin and Judge Walters on 31 March 2015.
Read the full decision in .
Value added tax – Input tax – Disallowance of input tax – Missing trader intra-Community fraud – Transactions connected with fraudulent evasion of value added tax – Trader denied entitlement to deduct input tax on basis of connection with fraudulent transactions – Tribunal finding that the only reasonable conclusion was that the trader knew or should have known it was that transactions were connected with fraud although 11 of 90 transactions not positively proved to be so connected – Tribunal finding denial of input tax permissible only to level of value added tax fraudulently evaded – Whether tribunal in error and comparator with indicia of legitimate trades necessary.”