MAN (97/1214)

No. 15,835

Decision given 2 December 1998.

Repayment of tax – VAT overpaid through operation of disadvantageous retail scheme – Retrospective recalculation – Initial agreement in principle to repayment by commissioners – Claim based on corrected returns – Whether defeated by application of capping provisions – Whether claim by way of recovery of overpaid VAT under Value Added Tax Act 1994, s. 80 – Whether commissioners entitled to resile from initial alleged acceptance of claim – Value Added Tax Act 1994, s. 25 and 80; Value Added Tax Regulations 1995 (SI 1995/2518), reg. 34; Finance Act 1997, s. 47.

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