“…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 the appeals and instead considered “whether the taxpayers have raised questions in t…”
“… that the task of the FTT and the Upper Tribunal is to arrive at the collection of the correct amount of tax: see Investec Asset Finance plc and another v HMRC [2020] EWCA Civ 579 [60] and [100]. He argued that the Upper Tribunal was therefore entitled to give effect to the logic of its conclusion that the FTT had erred in finding that t…”