Section 83 Appeals
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[(1)]1Subject to [sections 83G and 84]2, an appeal shall lie to [the tribunal]3 with respect to any of the following matters—
(a) the registration or cancellation of registration of any person under this Act;
(b) the VAT chargeable on the supply of any goods or services, on the acquisition of goods from another member State or, subject to section 84(9), on the importation of goods from a place outside the member States;
(c) the amount of any input tax which may be credited to a person;
(d) any claim for a refund under any regulations made by virtue of section 13(5);
[(da) a decision of the Commissioners under section 18A —
(i) as to whether or not a person is to be approved as a fiscal warehousekeeper or the conditions from time to time subject to which he is so approved;
(ii) for the withdrawal of any such approval; or
(iii) for the withdrawal of fiscal warehouse status from any premises;]4
(e) the proportion of input tax allowable under section 26
(f) a claim by a taxable person under section 27
[(fza) a decision of the Commissioners—
(i) refusing or withdrawing authorisation for a person’s liability to pay VAT (or entitlement to credit for VAT) to be determined as mentioned in subsection (1) of section 26B
(ii) as to the appropriate percentage or percentages (within the meaning of that section) applicable in a person’s case.]5
[(fa) a decision contained in a notification under paragraph (4) of article 12A of the Value Added Tax (Payments on Account) Order 1993 that an election under paragraph (1) of that article shall cease to have effect;]6
(g) the amount of any refunds under section 35
(h) a claim for a refund under section 36 or section 22 of the 1983 Act;
[(ha) any decision of the Commissioners to refuse to make a repayment under a scheme under section 39]7
(j) the amount of any refunds under section 40
[(k) the refusal of an application such as is mentioned in section 43B(1) or (2);
(ka) the giving of a notice under section 43C(1) or (3);]8
(l) the requirement of any security under section 48(7) or [paragraph 4(1A) or (2)]9 of Schedule 11
(m) any refusal or cancellation of certification under section 54 or any refusal to cancel such certification;
(n) any liability to a penalty or surcharge by virtue of any of sections [59 to [69B]10]11;
(o) a decision of the Commissioners under section 61 (in accordance with section 61(5));
(p) an assessment—
(i) under section 73(1) or (2) in respect of a period for which the appellant has made a return under this Act; or
(ii) under [subsections (7), (7A) or (7B)]12 of that section; or
(iii) under section 75
or the amount of such an assessment;
(q) the amount of any penalty, interest or surcharge specified in an assessment under section 76
(r) the making of an assessment on the basis set out in section 77(4);
[(ra) any liability arising by virtue of section 77A]13
(s) any liability of the Commissioners to pay interest under section 78 or the amount of interest so payable;
[(sa) an assessment under section 78A(1) or the amount of such an assessment;]14
(t) a claim for the [crediting or]15 repayment of an amount under section 80[, an assessment under subsection (4A) of that section or the amount of such an assessment]16;
[(ta) an assessment under section 80B(1) [or (1B)]17 or the amount of such an assessment;]18
(u) any direction or supplementary direction made under paragraph 2 of Schedule 1
(v) any direction under paragraph 1[, 1A]19 or 2 of Schedule 6 or under paragraph 2 of Schedule 4 to the 1983 Act;
(w) any direction under paragraph 1 of Schedule 7
[(wa) any direction or assessment under Schedule 9A]20
[(wb) any refusal of the Commissioners to grant any permission under, or otherwise to exercise in favour of a particular person any power conferred by, any provision of Part 1 of Schedule 10]21
(x) any refusal to permit the value of supplies to be determined by a method described in a notice published under paragraph 2(6) of Schedule 11
(y) any refusal of authorisation or termination of authorisation in connection with the scheme made under paragraph 2(7) of Schedule 11
[(z) any conditions imposed by the Commissioners in a particular case by virtue of paragraph 2B(2)(c) or 3(1) of Schedule 11]22
[(zza) a direction under paragraph 6A of Schedule 11]23
[(za) a direction under paragraph 8 of Schedule 11A,
(zb) any liability to a penalty under paragraph 10(1) of Schedule 11A, any assessment under paragraph 12(1) of that Schedule or the amount of such an assessment;]24
[(zc) a decision of the Commissioners about the application of regulations under section 135 of the Finance Act 2002 (mandatory electronic filing of returns) in connection with VAT (including, in particular, a decision as to whether a requirement of the regulations applies and a decision to impose a penalty);]25
(zz) ...26
Amendments
1 Text numbered by S.I. 2009/56 article 3 and Schedule 1 para 219(2) from 1 April 2009.
2 Substituted for the words “section 84” by S.I. 2009/56 article 3 and Schedule 1 para 219(3) from 1 April 2009.
3 Substituted for the words “a tribunal” by S.I. 2009/56 article 3 and Schedule 1 para 219(4) from 1 April 2009.
4 Para (da) inserted by Finance Act 1996 section 26 and Schedule 3 para 12 from 1 June 1996.
5 Para (fza) inserted by Finance Act 2002 section 23(2) from 24 April 2002.
6 Para (fa) inserted by S.I. 1997/2542 article 2 from 1 December 1997.
7 Para (ha) inserted by Finance Act 2009 section 77(4) from 21 July 2009.
8 Paras (k) and (ka) substituted for former para (k) by Finance Act 1999 section 16 and Schedule 2 para 3 with effect in accordance with the transitional provisions in Finance Act 1999 Schedule 2 para 6.
9 Substituted for the words “paragraph 4(2)” by Finance Act 2003 section 17(6) from 10 April 2003.
10 Substituted for “69A” by Finance Act 2006 section 21(4)(a) from 19 July 2006.
11 Substituted for the words “59 to 69” by Finance Act 2000 section 137(5) from 28 July 2000.
12 Substituted for the words “subsection (7)” by Finance Act 1996 section 26 and Schedule 3 para 12 from 1 June 1996.
13 Para (ra) inserted by Finance Act 2003 section 18(2) from 10 April 2003.
14 Para (sa) inserted by Finance Act 1997 section 45(2) from 4 December 1996.
15 Inserted by Finance (No. 2) Act 2005 section 4(5)(a) where a claim under section 80(2) is made on or after 26 May 2005.
16 Inserted by Finance Act 1997 section 47(7) from 4 December 1996.
17 Inserted by Finance (No. 2) Act section 4(5)(b) where a claim under section 80(2) is made on or after 26 May 2005.
18 Para (ta) inserted by Finance Act 1997 section 46(3) from 19 March 1997.
19 Inserted by Finance Act 2004 section 22(3) from 22 July 2004.
20 Para (wa) inserted by Finance Act 1996 section 31(3) from 29 April 1996.
21 Para (wb) inserted by S.I. 2008/1146 article 3(2) from 1 June 2008.
22 Para (z) substituted by Finance Act 2002 section 24(4)(b) from 1 December 2003.
23 Para (zza) inserted by Finance Act 2006 section 21(4)(b) from 19 July 2006.
24 Para (za) and (zb) inserted by Finance Act 2004 section 19 and Schedule 2 para 4 from 1 August 2004.
25 Para (zc) inserted by Finance Act 2007 section 93(8) from 19 July 2007.
26 Para (zz) omitted by S.I. 2007/2157 regulation 51 and Schedule 6 para 1 from 15 December 2007.
(2) In the following provisions of this Part, a reference to a decision with respect to which an appeal under this section lies, or has been made, includes any matter listed in subsection (1) whether or not described there as a decision.
Amendments
Subs (2) inserted by S.I. 2009/56 article 3 and Schedule 1 para 219(5) from 1 April 2009.



