123(1)Where, on an appeal under paragraph 122—U.K.
(a)it is found that an assessment of the appellant made, confirmed or treated as confirmed by the Commissioners on a review under paragraph 121 (“the original assessment”) is an assessment for an amount that is less than it ought to have been, and
(b)the appeal tribunal give a direction specifying the correct amount,
the assessment shall have effect as an assessment of the amount specified in the direction and (without prejudice to any power under this Schedule to reduce the amount of interest payable on the amount of an assessment) as if it were an assessment notified to the appellant in that amount at the same time as the original assessment.
(2)On an appeal under paragraph 122, the powers of the appeal tribunal in relation to any decision of the Commissioners shall include a power, where the tribunal allow an appeal on the ground that the Commissioners could not reasonably have arrived at the decision, either—
(a)to direct that the decision, so far as it remains in force, is to cease to have effect from such time as the tribunal may direct; or
(b)to require the Commissioners to conduct, in accordance with the directions of the tribunal, a further review of the original decision.
(3)Where, on an appeal under paragraph 122, the appeal tribunal find that a liability to a penalty or to an amount of interest arises, the tribunal shall not give any direction for the modification of the amount payable in respect of that liability except—
(a)in exercise of a power conferred on the tribunal by paragraph 104(1) (penalties) or paragraph 70(6) or (9), 86(3) or (6) or 109(5) or (8) (penalty interest); or
(b)for the purpose of making the amount payable conform to the amount of the liability imposed by this Schedule.
(4)Where, on an appeal under paragraph 122, it is found that the whole or part of any amount paid or deposited in pursuance of paragraph 122(2) is not due, so much of that amount as is found not to be due shall be repaid with interest at such rate as the appeal tribunal may determine.
(5)Where, on an appeal under paragraph 122, it is found that the whole or part of any amount due to the appellant by way of any repayment in respect of a tax credit has not been paid, so much of that amount as is found not to have been paid shall be paid with interest at such rate as the appeal tribunal may determine.
(6)Where—
(a)an appeal under paragraph 122 has been entertained notwithstanding that an amount determined by the Commissioners to be payable as levy has not been paid or deposited, and
(b)it is found on the appeal that that amount is due,
the appeal tribunal may, if they think fit, direct that that amount shall be paid with interest at such rate as may be specified in the direction.
(7)Sections 85 and 87 of the M1Value Added Tax Act 1994 (settling of appeals by agreement and enforcement of certain decisions of tribunal) shall have effect as if—
(a)the references to section 83 of that Act included references to paragraph 122; and
(b)the references to value added tax included references to levy.
Marginal Citations