An appeal against a penalty for non-compliance with an information notice was dismissed, as statutory records and an explanation why certain records were no longer in the company’s possession were reasonably required by HMRC.
HM Revenue and Customs (HMRC) opened an enquiry into the appellant’s corporation tax return for its accounting period ended 31 March 2013. Some business records were supplied, but the appellant made a declaration that its sales invoices and computer backup data for that period were not in its possession.
HMRC issued an information notice (under FA 2008, Sch 36, para 1), requesting an explanation as to why those two items were no longer in the appellant’s possession. Subsequently, HMRC issued a penalty for failing to comply with the information notice. The appellant appealed.
It was submitted for the appellant that (under FA 2008, Sch 36, para 18) an information
