Heading

Case Number: UT/2019/000009
Rolls Building, London
EXCISE DUTY – assessment in respect of duty unpaid tobacco – whether FTT erred in relation to whether earlier duty point could be established – yes but error immaterial as insufficient evidence in respect of which identity of person liable to duty could be established - whether FTT erred in concluding Appellant “holding” the tobacco and in failing to give sufficient reasons – no – appeal dismissed
Judgment date: 18 June 2024
Before
JUDGE SWAMI RAGHAVAN
JUDGE MARK BALDWIN
Between
QAIS MAJEED ALI
Appellant
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Mr Ali, the Appellant
For the Respondents: Rupert Davies, Counsel, instructed by the General Counsel and Solicitor to His Majesty’s Revenue and Customs
DECISION
- Heading
- Introduction
- Law
- Case-law
- Assessment of earlier duty point
- Meaning of “holding” in the Regulations?
- FTT Decision and background
- Grounds of Appeal
- Discussion
- Does the error mean the FTT’s decision should be set aside?
- Ground 2 – Palm Palace Limited, not Mr Ali, had sufficient control in order to be “holding” for the purposes of Regulation 10(1) of the Regulations
- Ground 3 – the FTT failed to give sufficient reasons for the conclusion that Mr Ali was “holding” tobacco for Regulation 10(1) purposes
- Conclusions
![UT/2019/000009 - [2024] UKUT 00176 (TCC)](https://backend.juristeca.com/files/emisores/logo_ICfrj4g.png)