SCHEDULES
SCHEDULE 3 EXCISE DUTY: PAYMENTS BY COMMISSIONERS IN CASE OF ERROR OR DELAY
Part 3 APPEALS
14
1
This paragraph applies if—
a
a person (the appellant) appeals to a tribunal under section 16 of the Finance Act 1994 (c. 9) in relation to an assessment to excise duty,
b
the appellant pays, or gives cash security for, the whole or any part of that duty, and
c
the tribunal finds that the whole or any part of the amount paid or secured is not due.
2
The Commissioners must repay to the appellant an amount equal to—
a
so much of the duty paid as is found not to be due, or
b
so much of the cash security as relates to the duty found not to be due.
3
The Commissioners must pay interest to the appellant on the amount referred to in sub-paragraph (2) for the period which—
a
starts with the day when the duty is paid or the cash security is given, and
b
ends with the day when the Commissioners authorise the repayment.
F14
The rate of interest is the rate applicable under section 197 of the Finance Act 1996.
5
In this paragraph “cash security” means such adequate security as enables the Commissioners to place the amount in question on deposit.