The Commissioners for HM Revenue and Customs v Charles Shaw: [2016] UKUT 0004 (TCC)

Upper Tribunal Tax and Chancery decision of Mr Justice Barling on 18 January 2016.

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EXCISE DUTY 鈥� seizure of vehicle for unauthorised use of rebated fuel (red diesel) 鈥� vehicle restored on payment of 拢250 鈥� taxpayer not giving notice of challenge to seizure under paragraph 3 of Schedule 3 to CEMA- assessment to excise duty 鈥� appeal to FTT 鈥� whether FTT erred in law in holding 鈥渄eeming鈥� provision in paragraph 5 of Schedule 3 inapplicable due to insufficiency of evidence to show use of red diesel in the vehicle 鈥� Yes - appeal allowed.

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Published 1 December 2016