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    [2025] UKUT 00315 (TCC)
    Upper Tribunal Tax and Chancery Chamber

    [2025] UKUT 00315 (TCC)

    Fecha: 18-Jun-2025

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    • Heading
    • INTRODUCTION
    • BACKGROUND – HMRC’S REFUSAL OF EXCISE DUTY DRAWBACK CLAIM
    • THE APPEAL AND CROSS APPEAL
    • THE CROSS APPEAL
    • to provide for the determination of the person on whom any such entitlement is conferred
    • The FTT’s powers on appeal against a drawback decision
    • The FTT Decision
    • HMRC’s submissions
    • The FTT’s lack of a general public law jurisdiction
    • Specific considerations applicable to s16(5) FA 94
    • Discussion and Analysis
    • The public law jurisdiction of the FTT
    • Ground 2 – Waiver of time limit for drawback claim (see [6] above)
    • HMRC’s original and review decisions
    • The FTT Decision
    • In late 2019, he wrote to HMRC. The letter stated
    • The letter was sent under a covering email which stated
    • HMRC’s submissions
    • Discussion and Analysis
    • Ground 1 – Procedural irregularity (see [6] above)
    • Discussion and Analysis
    • THE APPEAL Ground 1 – Compliance with de-stamping obligations (see [5] above)
    • Actions required if goods carry fiscal marks or duty stamps
    • Ground 2 – Evidence of export (see [5] above)
    • What supporting evidence do I need to submit with my drawback claim form?
    • The supporting evidence you need to submit with your drawback claim form
    • HMRC’s submissions
    • Discussion and analysis
    • Discussion and Analysis
    • Conclusions

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