SCHEDULES
SCHEDULE 41Penalties: failure to notify and certain VAT and excise wrongdoing
Handling goods subject to unpaid excise duty
4
(1)
A penalty is payable by a person (P) where—
(a)
after the excise duty point for any goods which are chargeable with a duty of excise, P acquires possession of the goods or is concerned in carrying, removing, depositing, keeping or otherwise dealing with the goods, and
(b)
at the time when P acquires possession of the goods or is so concerned, a payment of duty on the goods is outstanding and has not been deferred.
(2)
In sub-paragraph (1)—
“excise duty point” has the meaning given by section 1 of F(No.2)A 1992, and
“goods” has the meaning given by section 1(1) of CEMA 1979.