This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Did the appellant under-declare the output tax on sales of fuel and was the assessment made to best judgement?

By Andrew Needham, May 2020

Summary 

This was an appeal against assessments made for the periods 08/15 to 10/17 totalling £686,054. The assessments were in respect of under-declared fuel sales. 

Background 

The appellant was a service station and argued that it returns were accurate and the assessments were baseless.  The appellant’s accountants had prepared their VAT returns based on information supplied to them. 

The appellant maintained that HMRC had simply extrapolated figures from an invigilation by HMRC of a constant sale of 350 litres per hour Monday to Saturday and 175 litres per hour on Sunday did not reflect the ebb and flow of trade. When HMRC had examined the recording of sales at the pumps they had found the sales were accurately reflected in the sales at the tills. 

 The appellant claimed that if HMRC’s calculation of under declared fuel sales at 60% was correct,

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Supply chain fraud
By Andrew Needham, February 2026
Supply for consideration: was grant-funded income for the provision of education a supply of services for consideration?
By Andrew Needham, February 2025
Was the provision of outsourced loan administration exempt from VAT?
By Andrew Needham, December 2024
Was the appellant entitled to be registered for VAT?
By Andrew Needham, April 2023
Were HMRC Reasonable To Issue A Notice Of Requirement (NoR)?
By Andrew Needham, March 2019