Optigen Ltd; Fulcrum Trading Co (UK) Ltd (in liquidation).  BVC 2518
No. 18,112 and 18,113
Decision given on 1 May 2003 by Dr Avery-Jones CBE (Chairman).
Input tax – Preliminary point of law – Carousel fraud – Whether transactions to be ignored as not being economic activities with the result that an innocent party is not entitled to input tax credit – Whether principles of legal certainty, proportionality, equal treatment and interpretation in favour of the taxpayer prevent disallowance of input tax of innocent party.