AH3845 - Penalty Proceedings: Proceedings under TMA70/S100C: summons to taxpayer


The Summons to be issued to the defendant (or defender, in Scotland) will show the time and place at which he is to appear before the Commissioners. In most divisions the Clerk to the General Commissioners will issue the summons to the defendant (or defender). If the Commissioners request that the signed summons be issued by the officer of Revenue & Customs send the summons by Recorded Delivery.

It will not normally be necessary to prove service of a summons unless the defendant (or defender) fails both to acknowledge service and to attend when summoned. If the Commissioners require proof of service, suggest that they adjourn the hearing and instruct their Clerk to issue a fresh summons in any way they may consider appropriate. Service of a summons by ordinary post is thought to be sufficient but the Commissioners may prefer to use Recorded Delivery.