The Assessments
The Assessments
On 23 February 2022, Officer Grain emailed Mr Sweeting, attaching a notice of assessment (dated 24 February) for the period 02/18, in the sum of £31,975.
On 30 May 2022, Officer Grain wrote to Mr Sweeting to advise that the decision letter was being finalised and would be issued shortly, and that due to impending time limits, he had raised an assessment on the Appellant for the 05/18 period.
On 31 August 2022, Officer Grain raised a further assessment (for the period 08/18) and stated in the accompanying email that he expected to be able to issue the decision letter and assessments for all periods up to and including 11/21 by the end of the following week.
On 12 October 2022 (under the cover of a letter dated 13 October), Officer Grain issued the remaining assessments for the period 11/18 to 11/21.
- Heading
- Introduction
- Issues
- Burden and standard of proof
- Authorities and documents
- Background facts
- The Retail Offering
- The Fitters
- The Fitting Service
- The Installation Process
- HMRC’s enquiries
- The Assessments
- Relevant law
- The PVD
- VATA
- Evidence and submissions
- Findings of fact
- Discussion
- The Supply Issue
- A supply
- Of goods or services for consideration
- Tolsma
- National Car Parks
- Redrow
- Aimia
- Airtours
- WHA Ltd
- The legal relationship and the importance of the contractual terms
- Secret Hotels
- Adecco
- All Answers
- Application of the caselaw to the facts
- Contractual Terms and Conditions pre-August 2020
- The first agreement: between the Appellant and the customer
- The second agreement: between the Appellant and the fitter
- The third agreement: between the customer and the fitter
- Contractual Terms and Conditions post-August 2020
- The first agreement: between the Appellant and the customer
- The second agreement: between the customer and the fitter
- The third agreement: between the Appellant and the fitter
- Online sales
- Stage 2 - Economic and Commercial Reality
- Stage 3 – Identifying the Supplier
- Issue 2: The Legitimate Expectation Issue
- Conclusions
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