Regulation 100B Appeals against penalty determination.

(1)

An appeal may be brought against the determination of a penalty under section 100 above and, subject to the following provisions of this section, the provisions of the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal against such a determination as they have effect in relation to appeals against regulation 6 determinations.

(2)

On an appeal against the determination of a penalty under section 100 above—

(a)

in the case of a penalty which is required to be of a particular amount, the Special Commissioners may—

(i)

if it appears to them that no penalty has been incurred, set the determination aside,

(ii)

if the amount determined appears to them to be correct, confirm the determination, or

(iii)

if the amount determined appears to them to be incorrect, increase or reduce it to the correct amount,

(b)

in the case of any other penalty, the Special Commissioners may—

(i)

if it appears to them that no penalty has been incurred, set the determination aside,

(ii)

if the amount determined appears to them to be appropriate, confirm the determination,

(iii)

if the amount determined appears to them to be excessive, reduce it to such other amount (including nil) as they consider appropriate, or

(iv)

if the amount determined appears to them to be insufficient, increase it to such amount not exceeding the permitted maximum as they consider appropriate.

(3)

Without prejudice to regulation 10 of the Stamp Duty Reserve Tax Regulations 1986, an appeal from a decision of the Special Commissioners against the amount of a penalty which has been determined under section 100 above or this section shall lie, at the instance of the person liable to the penalty, to the High Court or, in Scotland, to the Court of Session as the Court of Exchequer in Scotland; and on that appeal the court shall have the like jurisdiction as is conferred on the Special Commissioners by virtue of this section.