Right to appealI19

1

Where HMRC give a demand notice to a person or that person's representative, the person or that person's representative may appeal to the tribunal in respect of—

a

HMRC's decision that the person is liable to a penalty; or

b

HMRC's decision as to the amount of the liability.

2

Subject to regulation 5, the powers of the tribunal on an appeal under this regulation include—

a

the power to quash or vary a decision; and

b

the power to substitute the tribunal's own decision for any decision so quashed.

3

On an appeal under this regulation—

a

the burden of proof as to the matters mentioned in regulation 3(1) lies on HMRC; but

b

it is otherwise for the appellant to show that the grounds on which any such appeal is brought have been established.