In Dr M Charlton v HMRC (and related appeals) (TC01317 – 2 August) an individual (C) entered into an avoidance scheme in 2006/07 which was broadly similar to that which was subsequently held to be ineffective in Drummond v HMRC ([2009] STC 2206).
In July 2009 HMRC issued a discovery assessment under TMA 1970 s 29. C appealed contending that the assessment had been issued outside the statutory time limit.
The First-tier Tribunal accepted this contention and allowed the appeal distinguishing the CA decision in Veltema v Langham ([2004] STC 544). Judge Nowlan held that there had been a discovery within TMA 1970 s 29(1).
However on the evidence the information provided with C’s return was sufficient to show that ‘no officer could have missed the point that an artificial tax...