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Neutral Citation: [2025] UKFTT 00865 (TC)
Case Number: TC09583
FIRST-TIER TRIBUNAL
TAX CHAMBER
Location: Taylor House, London
Appeal reference: TC/2023/09477
SOFT DRINKS INDUSTRY LEVY – whether refusal of claim to tax credits effective – yes – whether there is a power to assess in such circumstances – in part – whether the assessments raised are correct – in part.
Heard on: 27 and 28 May 2025
Judgment date: 17 July 2025
Before
TRIBUNAL JUDGE AMANDA BROWN KC
HELEN MYERSCOUGH
Between
MILLENNIUM CASH & CARRY LTD
Appellant
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Tristan Thornton of TT Tax
For the Respondents: Joshua Carey of counsel, instructed by the General Counsel and Solicitor to HM Revenue and Customs
DECISION
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- Introduction
- Brief overview of SDIL
- FA17
- Notice 2 – SDIL returns and records (part of which has force of law)
- HMRC’s powers
- Agreed facts
- Overview of relevant documents
- Parties’ submissions
- Appellant’s submissions
- HMRC’s submissions
- Discussion
- Our view on statutory infrastructure
- Appellant’s entitlement to SDIL credits
- Withdrawal of credits
- Efficacy of the Assessments
- Conclusions
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