Findings of fact
Findings of fact
We found the following facts. Where the facts were disputed we have indicated that and set out our reasoning for our findings. We have also included in this section some comments on the facts where convenient to understanding the decision we reach later in this judgment and some explanations of the evidence that led us to make findings of fact that were disputed. Further findings of fact are set out later in this decision and where that is the case they are identified as such.
- Heading
- Introduction
- summary
- Issues for determination
- Evidence and submissions
- Officer Borland
- Officer Pathak
- Mr Feldman
- Mr Granger
- Adverse inferences - Mr Perdicou
- Findings of fact
- Background – SK
- Background KG
- Background SKM
- Background SKM – Knowledge of MTIC
- SKM’s Business – control
- SKM’s business
- BTL’s business and its dealings with SKM
- Commencement of trading with SKM
- Invoices
- HMRC’s First Investigation of SKM
- SKM’s approach to Due Diligence
- HMRC’s investigation of BTL
- HMRC’s Second Investigation of SKM
- EU background
- Right to credit for input tax
- Liability to a penalty
- Officer’s Liability
- Mitigation
- Case law Authorities
- Denial of credit for input tax - Kittel
- Mobilx
- Limits of the relevance of due diligence
- Reasonable explanations for circumstances of a transaction
- the parties cases
- The Appellants’ case
- consideration of the issues
- Knowledge of the existence and prevalence of fraud in SKM’s trading sector
- Significant trade with a fraudulent defaulter
- No evidence of commercial negotiations
- Lack of contractual documentation
- Issues with invoices
- Lack of commerciality in the way the transactions were structured
- Insufficient due diligence
- Viability of the goods as described by your supplier. For example
- Examples of specific checks carried out by existing businesses
- Looking at the overall picture
- Conclusions
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