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.