Serious misdeclaration penalty – Whether penalty provisions offended against European Community law – Doctrine of proportionality – Whether imposition of a penalty unrelated to conduct offended against doctrine – Whether appellant could rely on doctrine as ground of appeal against penalty – Finance Act 1985, sec. 14; Sixth Directive 77/388 of 17 May 1977, art. 22 (OJ 1977 L145/1).
The issue was whether the appellant company was entitled to rely on the Community law doctrine of proportionality as a ground of appeal against an assessment for a serious misdeclaration penalty.
Want to read more?
This content requires a Croner-i Tax and Accounting subscription.