AH3840 - Penalty Proceedings: Proceedings under TMA70/S100C: laying information


The procedure to be adopted in laying an Information before the Commissioners is a matter to be decided by each body of Commissioners. One body may agree to accept service of an Information by post to their Clerk but another may require the officer of Revenue & Customs to be present when the information is laid. The Special Commissioners accept service by post of information laid under Section 100C.

The Inspector who signs the information should be present at any Commissioners' meeting at which the information is laid and if possible should also attend and present the case for HMRC at the subsequent hearing.

If the officer of Revenue & Customs notifies the Commissioners that the return etc has not been received they summon the taxpayer to appear before them to answer the Information.