Section 42 | Determinations on appeal

(1)Where, on an appeal under section 40 above—^F1

(a)it is found that an assessment of the appellant ... is an assessment for an amount that is less than it ought to have been, and^F2

(b)the tribunal give a direction specifying the correct amount,

the assessment shall have effect as an assessment of the amount specified in the direction and (without prejudice to any power under this Part to reduce the amount of interest payable on the amount of an assessment) as if it were an assessment notified to the appellant in that amount at the same time as the original assessment.

(2)On an appeal under section 40 above, the powers of the appeal tribunal in relation to any decision of the Commissioners shall include a power, where the tribunal allow an appeal on the ground that the Commissioners could not reasonably have arrived at the decision, either—^F3

(a)to direct that the decision, so far as it remains in force, is to cease to have effect from such time as the tribunal may direct; or

(b)to require the Commissioners to conduct, in accordance with the directions of the tribunal, a review or a further review of the original decision as appropriate.^F4F5

(3)Where, on an appeal under section 40 above, the appeal tribunal find that a liability to a penalty or to an amount of interest arises, the tribunal shall not give any direction for the modification of the amount payable in respect of that liability except—^F6

(a)in exercise of a power conferred on the tribunal by section 46(1) below (penalties) or paragraph 10(3) or (6) of Schedule 5 to this Act, paragraph 6(6) or (9) of Schedule 8 to this Act or paragraph 5(5) or (8) of Schedule 10 to this Act (penalty interest); or

(b)for the purpose of making the amount payable conform to the amount of the liability imposed by this Part.

(4)Where, on an appeal under section 40 above, it is found that the whole or part of any amount paid or deposited in pursuance of section 41(2) above is not due, so much of that amount as is found not to be due shall be repaid with interest at the rate applicable under section 197 of the Finance Act 1996.^F7F8

(5)Where, on an appeal under section 40 above, it is found that the whole or part of any amount due to the appellant by way of any repayment in respect of a tax credit has not been paid, so much of that amount as is found not to have been paid shall be paid with interest at the rate applicable under section 197 of the Finance Act 1996.^F9F10

(6)Where—^F11

(a)an appeal under section 40 above has been entertained notwithstanding that an amount determined by the Commissioners to be payable as aggregates levy has not been paid or deposited, and^F12

(b)it is found on the appeal that that amount is due,

it shall be paid with interest at the rate applicable under section 197 of the Finance Act 1996

(6A)Interest under subsection (6) shall be paid without any deduction of income tax.^F13

(7)Sections 85 and 85B of the Value Added Tax Act 1994 (settling of appeals by agreement and payment of tax where there is a further appeal) shall have effect as if—^F14

(a)the references to section 83 of that Act included references to section 40 above, and^F14

(b)the references to value added tax included references to aggregates levy.^F14