# Finance Act 2021, Paragraph 24


(1) On an appeal under paragraph 22 that is notified to the tribunal, the tribunal may—
(a) where the appeal is under paragraph 22(a), affirm or cancel HMRC's decision that the person is liable to the penalty point;
(b) where the appeal is under paragraph 22(b), affirm or cancel HMRC's decision that the penalty is payable by the person.
(2) Where the appeal is under paragraph 22(b), the tribunal may also affirm or cancel HMRC's decision that the person was liable to any of the penalty points by virtue of which the person was liable to the penalty.
(3) Sub-paragraph (2)—
(a) applies in relation to a penalty point even if the time limit for appealing against it expired before the appeal under paragraph 22(b) was brought;
(b) does not apply in relation to a penalty point if HMRC's decision that the person was liable to the penalty point was affirmed on an earlier appeal.
(4) Sub-paragraph (5) applies if—
(a) on an appeal under paragraph 22(b), the tribunal—
(i) cancels a decision that a penalty is payable by a person, and
(ii) cancels a decision that the person was liable to a penalty point ... by virtue of which the person was liable to the penalty,
(b) after the penalty point mentioned in paragraph (a)(ii) was given by HMRC and before the decision mentioned in that paragraph was cancelled, the person failed to make a return ... on or before the due date, and
(c) at the time the failure occurred, the person already had the maximum number of penalty points for the group of returns to which that return belongs (see paragraph 5(8)).
(5) HMRC may award a penalty point in respect of the failure before the end of the period of 12 months beginning with the day after the tribunal's decision on the appeal (and paragraph 6(3) does not apply).
(6) In this paragraph “tribunal” means the First-tier Tribunal or Upper Tribunal (as appropriate by virtue of paragraph 23(1)).

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Source: https://www.legislation.gov.uk/ukpga/2021/26/schedule/24/paragraph/24 (the official version)
Page: https://openlegislation.uk/finance-act-2021/schedule-24/paragraph-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.