713. Determination of appeal against penalty determination by officer of Revenue and Customs.

On an appeal against the determination of a penalty by an officer of Revenue and Customs1, in the case of a penalty which is required to be of a particular amount the First-tier Tribunal may:

  1.  

    (1)     if it appears that no penalty has been incurred, set the determination aside;

  2.  

    (2)     if the amount determined appears to be correct, confirm the determination; or

  3.  

    (3)     if the amount determined appears to be incorrect, increase or reduce it to the correct amount2.

In the case of any other penalty, the First-tier Tribunal may:

  1.  

    (a)     if it appears that no penalty has been incurred,