header-logo header-logo

Just Fabulous delivers blow to carousel fraud

23 March 2007
Issue: 7265 / Categories: Legal News , Company , Tax , Commercial
printer mail-detail

HM Revenue & Customs (HMRC) has won a court victory against VAT ‘carousel’ fraud.

HM Revenue & Customs (HMRC) has won a court victory against VAT ‘carousel’ fraud. Mr Justice Burton in R (Just Fabulous (UK) Ltd) v HM Revenue & Customs held that Just Fabulous could not reclaim £19.5m VAT relating to its purchase of mobile phones from four suppliers.

The case concerns a type of carousel fraud—the repeated importing and exporting of goods from EU countries, with the VAT being reclaimed each time— known as contra or offset trading where carousels across several borders are linked, making it more difficult for the authorities to track them down.

Just Fabulous and two other firms, Evolution Export Trading and Brayfal, claimed they could not have been expected to know a fraud was taking place in a trade chain different from theirs.

HMRC successfully argued that the European Court of Justice case, Axel Kittel v Belgian State: C-439/04, applied to offset trading, meaning it was entitled to deny repayment to firms

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll