SCHEDULES

SCHEDULE 15Oil activities: transferable tax history

PART 14Supplementary

94Appeals

1

A person may appeal against—

a

a decision that a penalty under paragraph 68 is payable by that person;

b

a decision to withdraw a TTH election under paragraph 72;

c

a decision to amend a TTH election under paragraph 74 (amounts discovered to be incorrect).

2

Notice of an appeal must be given—

a

in writing,

b

before the end of the period of 30 days beginning with the date on which notice of the decision is given, and

c

to an officer of Revenue and Customs.

3

Notice of an appeal must state the grounds of appeal.

4

On an appeal that is notified to the tribunal, the tribunal may—

a

confirm or cancel the decision, or

b

in the case of an appeal within sub-paragraph (1)(c), substitute for the decision another decision that an officer of Revenue and Customs had power to make.

5

If a decision under paragraph 72 (withdrawal) is cancelled, the TTH election is to be treated as having had continuing effect (subject to any further appeal).

6

Subject to this paragraph and (in the case of an appeal within sub-paragraph (1)(a)) paragraph 70, the provisions of Part 5 of TMA 1970 relating to appeals have effect in relation to appeals under this paragraph as they have effect in relation to appeals against an assessment to corporation tax.