UT/2022/000154 - [2024] UKUT 00074 (TCC)

Case Number: UT/2022/000154

Rolls Building, Fetter Lane, London EC4A 1NL

Remittance of foreign gains – s 809L ITA 2007 – indemnity liability waived and UK inter-company debt not pursued pursuant to payment by non-UK third party overseas in separate transaction financed by taxpayers using proceeds of offshore chargeable gains – whether service provided or money used in the UK – whether money or consideration for service were or were derived from the gain – whether money used in UK was the gain – whether money that was or was derived from chargeable gains was used outside the UK in respect of a relevant debt

Heard on: 12-13 February 2024

Judgment date: 25 March 2024

Before

MR JUSTICE ADAM JOHNSON

JUDGE KEVIN POOLE

Between

THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Appellants

and

RAJ SEHGAL (1)

SANJEEV MEHAN (2)

Respondents

Representation:

For the Appellants: Christopher Stone and Bayo Randle, Counsel, instructed by the General Counsel and Solicitor to His Majesty’s Revenue and Customs

For the Respondents: Michael Firth, Counsel, instructed by TT Law Solicitors

DECISION