P J Thory Ltd v Revenue and Customs Commissioners

Income tax – Repayment. The exemption from aggregates levy set out in the s 17(3)(c) of the Finance Act 2001 (FA 2001) did not apply to the taxpayer company on the basis that the work carried out by the taxpayer, namely, the creation of a new marina by excavation of two fields near a river in Northamptonshire, was not dredging the bed of a river, canal or watercourse or of any channel in or approach to any port or harbour, within the meaning of s 17(3)(c). Consequently, the Upper Tribunal (Tax and Chancery Chamber) dismissed the taxpayer company's appeal against the decision of the First-tier (Tax Chamber) to reject its claim for a refund of overpaid aggregates levy.

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