C2C3PART X F1 PENALTIES, ETC.
Part X (ss. 93-107) applied (with modifications) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 16(1)(b), 177(4), Sch. 2
Part X (ss 93-107) applied (27.7.1993 with effect in relation to the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 122(2)(3)
C1100B Appeals against penalty determinations.
1
An appeal may be brought against the determination of a penalty under section 100 above and, subject to the following provisions of this section, the provisions of this Act relating to appeals shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to tax.
2
On an appeal against the determination of a penalty under section 100 above section 50(6) to (8) of this Act shall not apply but—
a
in the case of a penalty which is required to be of a particular amount, the Commissioners may—
i
if it appears to them that no penalty has been incurred, set the determination aside,
ii
if the amount determined appears to them to be correct, confirm the determination, or
iii
if the amount determined appears to them to be incorrect, increase or reduce it to the correct amount.
b
in the case of any other penalty, the Commissioners may—
i
if it appears to them that no penalty has been incurred, set the determination aside,
ii
if the amount determined appears to them to be appropriate, confirm the determination,
iii
if the amount determined appears to them to be excessive, reduce it to such other amount (including nil) as they consider appropriate, or
iv
if the amount determined appears to them to be insufficient, increase it to such amount not exceeding the permitted maximum as they consider appropriate.
3
Without prejudice to section 56 of this Act, an appeal from a decision of the Commissioners against the amount of a penalty which has been determined under section 100 above or this section shall lie, at the instance of the person liable to the penalty, to the High Court or, in Scotland to the Court of Session as the Court of Exchequer in Scotland; and on that appeal the court shall have the like jurisdiction as is conferred on the Commissioners by virtue of this section.
SeeFinance Act 1966 s.27andSch.6 para.23(7)—regulations underFinance Act 1965 s.84(7)may apply any provisions ofFinance Act 1960 Part III (nowTaxes Management Act 1970 Part X)in relation to penalties underpara.23and recovery of relief underFinance Act 1965 s.84 (overspill relief),subject to modifications, etc. For regulations, seePart III Vol.5.).