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PART III |
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APPEALS |
| 14. - (1) This paragraph applies if- |
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(a) a person (the appellant) appeals to a tribunal under section 16 of the Finance Act 1994 in relation to an assessment to excise duty, |
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(b) the appellant pays, or gives cash security for, the whole or any part of that duty, and |
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(c) the tribunal finds that the whole or any part of the amount paid or secured is not due. |
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(2) The Commissioners must repay to the appellant an amount equal to- |
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(a) so much of the duty paid as is found not to be due, or |
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(b) so much of the cash security as relates to the duty found not to be due. |
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(3) The Commissioners must pay interest to the appellant on the amount referred to in sub-paragraph (2) for the period which- |
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(a) starts with the day when the duty is paid or the cash security is given, and |
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(b) ends with the day when the Commissioners authorise the repayment. |
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(4) The rate of interest is- |
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(a) such rate as the tribunal determines, or |
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(b) if it does not determine a rate, the rate applicable under section 197 of the Finance Act 1996. |
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(5) In this paragraph "cash security" means such adequate security as enables the Commissioners to place the amount in question on deposit. |