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Case Number: TC09603
By remote video hearing
Appeal reference: TC/2023/10189
VALUE ADDED TAX – application by the Respondents to strike out an appeal against the denial of claims to recover value added tax input tax on the grounds that the appeal had no reasonable prospect of success – consideration of the jurisdiction of the First–tier Tribunal in the light of the decisions which were the subject of the appeal – conclusion that that jurisdiction included the determination of whether the supplies in question were exempt or taxable and that, in view of that conclusion, the Respondents had failed to establish that the appeal had no reasonable prospect of success – application dismissed
Judgment date: 4 August 2025
Before
TRIBUNAL JUDGE TONY BEARE
Between
MOTORPLUS LIMITED
Appellant
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Mr Tim Brown, of counsel, instructed by The VAT People Limited
For the Respondents: Mr Sam Way, of counsel, instructed by the General Counsel and Solicitor to HM Revenue and Customs
DECISION
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- The hearing took place on 30 July 2025. I heard Mr Tim Brown of counsel for the Appellant and Mr Sam Way of counsel for the Respondents. With the consent of the parties, the form of the hearing was a
- the background to the appeal
- case management history
- the issue at the hearing
- the law
- Relevant case law on the application of Rule 8(3)(c) of the Tribunal Rules
- Although the summary in Fairford Group Plc is very helpful, we prefer to apply the more detailed statement of principles in respect of application for summary judgment set out by Lewison J, as he then
- In reaching its conclusion the court must not conduct a 'mini-trial': Swain v Hillman This does not mean that the court must take at face value and without analysis everything that a claimant says in his statements before the court. In some cases it
- However, in reaching its conclusion the court must take into account not only the evidence actually placed before it on the application for summary judgment, but also the evidence that can reasonably
- Although a case may turn out at trial not to be really complicated, it does not follow that it should be decided without the fuller investigation into the facts at trial than is possible or permissibl
- On the other hand it is not uncommon for an application under Part 24 to give rise to a short point of law or construction and, if the court is satisfied that it has before it all the evidence necessa
- Other relevant case law
- discussion
- What did the Respondents decide?
- The parties’ submissions
- Conclusion
- What issues does the FTT have the jurisdiction to decide?
- Conclusions
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