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Pennine Raceway Ltd v Kirklees Metropolitan Council

Language: English Series: Rating & Valuation Reporter ; (1989) 29 RVR 12-20(9)Publication details: 1989Subject(s): Summary: CA 2 December 1988 Appeal by Pennine Raceway Ltd (P) from LT decision determining the amount of compensation payable by the Council (K) on the revocation of planning permission contained in Town and Country Planning General Development Order 1973 Article 3 and relating to the use of an airfield for drag racing . LT determined the compensation at £103,100, including £102,407 for loss of profits in the years 1975 to 1979. In arriving at this figure for loss of profits LT deducted for corporation tax from a total of £202,744 because "I am not satisfied that the compensation for loss of profits will be assessed to corporation income tax in the hands of the recipients". Held, allowing the appeal, that the hearing must be remitted to the LT with the direction that the award should be for the gross sum of £203,436, because the compensation will be taxable in the hands of P.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS40471 (Browse shelf(Opens below)) 1 Available 24126-1001

CA 2 December 1988 Appeal by Pennine Raceway Ltd (P) from LT decision determining the amount of compensation payable by the Council (K) on the revocation of planning permission contained in Town and Country Planning General Development Order 1973 Article 3 and relating to the use of an airfield for drag racing . LT determined the compensation at £103,100, including £102,407 for loss of profits in the years 1975 to 1979. In arriving at this figure for loss of profits LT deducted for corporation tax from a total of £202,744 because "I am not satisfied that the compensation for loss of profits will be assessed to corporation income tax in the hands of the recipients". Held, allowing the appeal, that the hearing must be remitted to the LT with the direction that the award should be for the gross sum of £203,436, because the compensation will be taxable in the hands of P.