Discovery Assessments and COP 8

[Rob79]

Seems they could apply that argument to practically any scheme that fails in court.

After all, in order for the scheme to be in-effective, presumably HMRC will argue that a particular assertion on the part of promoter is untrue/incorrect/invalid - and if the judges agree with HMRC, then not only does the scheme fail overall, but it validates the use of a discovery assessment.

Doesn't this mean that discovery time limits are effectively ripped up, or am I overstating it.

It's FTTT, so it's not binding, right?

It's a very wide argument and we will see it again.

We will NOT see an extension of time limit in legislation (because that can be challenged) but rather an extension of this argument.

The First Tier CAN be binding if no appeal is made and the case cannot progress further in law. This is an area of controversy in the legal world and may be itself subject to challenge. For the moment though, if no appeal is made, this decision COULD become binding.