“…considered case law to which it had been referred (including Tower MCashback LLP 1 v HMRC [2011] UKSC 19, [2011] 2 AC 457 (“Tower MCashback”), Fidex Ltd v HMRC [2016] EWCA Civ 385, [2016] STC 1920 (“Fidex”) and Investec Asset Finance plc v HMRC [2020] EWCA Civ 579, [2020] STC 1293 (“Investec”)), the FTT declined to determine the scope of…”
“…Finally we were referred by the parties to the four principles set out by Kitchin LJ in Fidex Ltd. v Revenue and Customs Commissioners [2016] EWCA Civ 385, [2016] 4 All ER 1063 (‘Fidex’). That case was, like the present case, concerned with a closure notice issued under para. 34 of Schedule 18 FA 1998. In his jud…”
“…[18], and the decision of this court in Fidex Limited v Revenue and CustomsCommissioners [2016] EWCA Civ 385, [2016] STC 1920, at [31] to [45], the FTT said at [43]:…”