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.
Read the full decision in .
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.