TaxationCorporation tax - special commissioner on 'error or mistake' claim determining that assessment had been settled by agreement - no appeal lying to High CourtEagerpath Ltd v Edwards (Inspector of Taxes): CA (Ward, Brooke and Walker LJJ): 14 December 2000A company which had ceased trading sought to reopen its assessment for 1986-87 claiming that certain interest should have been deducted against total income under s.248 of the Income and Corporation Taxes Act 1970 instead of against trading profit so that a larger sum might be available for set-off against terminal losses carried back under s.394.The company appealed to the special commissioners under s.33(2) of the Taxes Management Act 1970 against the revenue's refusal to reopen the assessment, alleging that there had been an error or mistake in relation to the interest.The commissioner found that the question of the interest had been raised with the inspector and, as a preliminary point, upheld the revenue's refusal to reopen the assessment on the ground that the question of the interest had been determined by agreement.Mr Justice Arden dismissed the company's appeal, holding that it was precluded by the restriction on appeals in s.33(4).

The company appealed.Christopher Sokol, who did not appear below, (Jerrard Saunders Donn) for the company.

Timothy Brennan (Solicitor of Inland Revenue) for the Crown.Held, dismissing the appeal, that the provision in s.33(4) that neither the appellant nor the revenue was entitled to appeal against the determination of the special commissioners except on a point of law 'arising in connection with the computation of profits' applied; that on the natural meaning of those words, a decision by the special commissioner on the basis of a s.54 agreement could not be regarded as having anything to do with the computation of profits; and that, accordingly, the judge had no jurisdiction to entertain an appeal.