LON (88/48)

No. 3377

Decision given 24 February 1989.

Input tax – Transfer of business assets to an associated company – Gradual takeover of business of transferor – Whether transaction a transfer of part of a business as a ‘going concern’ – Appeal dismissed – VAT (Special Provisions) Order 1981, art. 12(1)(b).

  The issue was whether the commissioners validly refused to repay £3,315 claimed as imput tax by the appellant, because the supplies upon which it was charged were assets transferred as part of the business as a ‘going concern’ to a similar business.

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