UT/2024/000087 - [2025] UKUT 00287 (TCC)

The Appellant seeks permission to appeal against a decision (the ‘Decision’) of the First-tier Tribunal (Tax Chamber) (the ‘FTT’) released on 29 February 2024 [2024] UKFTT 180. The FTT dismissed the Appellant’s appeal against VAT and Corporation Tax assessments and penalties. The Tribunal held that the Appellant had understated its takings across the relevant period. The Tribunal also held that a section 455 CTA 2010 charge on advances to participators could be imposed and that the Appellant was guilty of deliberate conduct.

The Appellant applied to the FTT for permission to appeal against the Decision and on 13 June 2024 permission to appeal was refused. On 15 July 2024, the Appellant made an in-time application to the Upper Tribunal (Tax and Chancery) (‘UT’) for permission to appeal against the Decision. On 06 October 2024 the UT refused permission to appeal on the papers. The Appellant requested an oral hearing of the application for permission to appeal. The application for permission to appeal was heard on 04 July 2025 by way of a remote video hearing. The Appellant was represented by Mr Chacko. Ms Hickey represented the Respondents. Mr Chacko provided a written skeleton argument which he amplified during oral submissions. References to paragraphs below are to paragraphs in the FTT decision unless the context indicates otherwise.