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23 February 2012
Issue: 7502 / Categories: Case law , Law digest , In Court
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Income Tax

Revenue & Customs Commissioners v Cotter [2012] EWCA Civ 81, [2012] All ER (D) 83 (Feb)

If the Revenue decided to challenge matters contained in the return in response to the boxes provided, it had to use either the s 9A procedure or seek to make a correction to the return under s 9ZB of the Taxes Management Act 1970, if applicable. That was so even if, under the relevant statutory provisions governing loss relief claims, that claim could not be the subject of relief against liability to tax for the year to which the return related. In that case, it was up to the Revenue, if it wished to achieve the contrary result, to make sure that the form of return did not permit such a claim to be made. Section 9A(4) of the Act made it clear that the Revenue’s inquiry might extend to “anything contained in the return, or required to be contained in the return”.

The material words were “contained in”. Those words could not mean “required to be contained in” because that would make the

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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