Tuesday 1 March 2022
This is a second appeal. The appellants appeal, with the permission of Upper Tribunal Judges Judge Herrington and Judge Raghavan, their decision of 5 March 2021, which dismissed their appeals from the decision of the First-tier Tribunal.
The appellants are companies in the EDF Energy Group whose business concerns energy generation and supply. The appeal concerned the availability of plant and machinery allowances under the Capital Allowance Act 2001 on the expenditure incurred in relation to underground cavities for gas storage in Cheshire. The FTT concluded the cavities were not `plant’ according to the common law definition and dismissed the appellants’ appeals.