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.

Had the appellant undeclared cash sales?

By Andrew Needham, September 2021

The appellant was a Chinese takeaway that was assessed for underdeclared takings on the basis of one invigilation carried out on a Friday. HMRC considered that the cash takings had been understated. 

HMRC argued that the invigilation undertaken on 10 March 2017 established a daily gross takings (‘DGT’) of £1,656.91, which was reflective of the appellant’s normal level of sales for Fridays. An average DGT of £1,082.94 was shown in previous takings for Fridays, over a three-year period. This, they argued, was reflective of a significant level of sales suppression by the appellant, although errors were recorded on the night of the invigilation. 

The appellant argued that: 

  • the DGT, on the day of the invigilation, covered both cash and card takings and was only evidence of an increase in sales generally;
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

Were the supplies made by the appellant exempt supplies of domiciliary care or standard-rated supplies of staff subject to the reverse charge?
By Andrew Needham, April 2026
Was the supply of vitamin drops and booster shots an exempt supply of medical treatment or a standard-rated supply?
By Andrew Needham, July 2025
Was the input tax directly linked to a taxable or exempt supply?
By Andrew Needham, October 2023
Was the appellant entitled to claim input tax on the basis that it intended to make taxable supplies?
By Andrew Needham, December 2022
Were HMRC Unreasonable To Refuse A Belated Notification?
By Andrew Needham, October 2018