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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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