| 21/8/2008 |
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| Court of Appeal - Decisions in Income Tax Cases |
| Case No: 20 |
Decided on 16 October 1959 |
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Capital Allowances. Radical Change In Taxpayers' Claims. Point Of Fact And Law.
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The taxpayer, a soft drinks manufacturer, had several issues with the Revenue regarding capital allowances. These were dealt with in detail by the Board of Special Commissioners. Prominent among them was the computation of the allowance due for breakages. This had finally been fixed by the Board at 5% on the value of turnover. This method of calculation had been accepted by the taxpayer in writing though he wanted a higher rate. On appeal, the taxpayer wanted to re-open the whole question and (presumably) required that capital allowances should be calculated on the written down value of the assets. The Court refused to accept this change, on the basis of the theory of "quasi-contratto giudiziale".
The remaining issues were considered by the Court to be all points of fact: viz whether the rate should be 5% or 6%, whether certain outgoings should be capitalized or expensed, what rates of depreciation should be used, and whether the taxpayer's trade records had been sufficiently well kept. Such issues could not be considered by the Court, and the appeal had to be rejected in toto.
BSC Case No: 1/53
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