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Carr (HMIT) v. Armpledge Ltd – Carr (HMIT) v. Fielden & Ashworth Ltd – unreported as yet

Carry back of surplus ACT and the order in which claims are to be given effect to – s.239(3) ICTA 1988.

Decision of Ferris J reversed. The taxpayers were entitled to have their claims to carry back surplus ACT in respect of different accounting periods given effect to in the order in which the claims were made. The taxpayers made claims pursuant to s.239(3) ICTA 1988 to carry back surplus ACT in respect of a particular accounting period and then subsequently made claims to carry back surplus ACT in respect of an earlier accounting period. The taxpayers required effect to be given to the earlier claim in respect of the later accounting period before the later claim in respect of the earlier accounting period. The Revenue contended that the claims should be given effect to in the chronological order of the accounting periods. Held: the taxpayers were entitled to effect being given to their claims in the order in which they were made.

Lord Goldsmith QC and David Goy QC appeared for the taxpayers