Insolvency Service
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Restaurant owners disqualified over failure to deal with company’s tax affairs

Ghullam Reza Narimani and Nadim Som Narimani, directors of Bombin Limited, which traded as Café 59 from Apsley Road in Clifton, have been disqualified for 3 years and 6 months and 2 years and 6 months respectively for causing or allowing the company to trade to the detriment of HM Revenue & Customs.

The disqualifications follow an investigation by the Insolvency Service.

The company went into Liquidation on 3 October 2013. On 15 December 2014 the Secretary of State accepted Disqualification Undertakings from Mr. G Narimani and Mr N Narimani, effective from 5 January 2015.

Both Mr G Narimani (64) and Mr N Narimani (27) have given undertaking to the Secretary of State for Business, Innovation & Skill, which prevents them from becoming directly or indirectly involved in the promotion, formation or management of a company for 3 years and 6 months and 2 years and 6 months respectively from 5 January 2015.

The matters of unfitness that Mr. G Narimani and Mr N Narimani accepted in the Disqualification Undertaking included that they caused Bombin Limited to trade to the detriment of HM Revenue & Customs from at least 7 April 2011 to 23 August 2013, resulting in tax liabilities of £136,055 at liquidation.

Commenting on the disqualification, Sue Macleod, Chief Investigator at The Insolvency Service, said:

These bans should serve as a warning; if you fail to fulfil your obligations and seek to gain an unfair advantage over competitors, by not paying VAT and PAYE, you could lose the protection of limited liability.

Notes to editors

Bombin Limited (CRO No. 07240067) was incorporated on 30 April 2010. The company traded as Café 59 from 59 Apsley Road, Clifton, Bristol, BS8 2SW; the registered office was Suite B1, White House Business Centre, Forest Road, Kingswood, Bristol, BS15 8DG.

Ghullam Reza Narimani was an appointed director between 30 April 2010 and 23 August 2011 and from 1 April 2013. He is of Bristol and his date of birth is 20 February 1950.

Nadim Som Narimani was an appointed director between 30 April 2010 and 1 April 2013. He is also of Bristol and his date of birth is 14 April 1987.

The full matters of unfitness that Mr. G Narimani accepted in the Disqualification Undertaking were that:

I caused Bombin Limited (“Bombin”) to trade to the detriment of HM Revenue & Customs (“HMRC”) from at least 7 April 2011 to 23 August 2013, resulting in tax liabilities of £136,055 at liquidation. In particular:

  • Bombin made two payments totalling £7,737 in respect of Value Added Tax (“VAT”) leading to arrears of at least £83,693. Of the arrears, VAT is overdue for 02/11, payable in full by 07 April 2011 at the latest. The last payment made by Bombin was £3,934 on 20 September 2011; 23 months prior to cessation of trading.

  • Bombin made payments of £4,000 in respect of PAYE/NIC liabilities of £9,417 for the tax period 2010/11; payable in full by 22 May 2011 at the latest. Additional liabilities of £40,308 were incurred for the tax periods 2011/12 to 2013/14 of which £5,263 was paid, leading to arrears of £40,462.

  • In comparison an analysis of available bank statements shows that between 7 April 2011 and 29 April 2013 at least £623,491 was credited to Bombin’s bank account; of this £17,000 was paid to HMRC. Between 31 March 2011 and 3 October 2013, HMRC liabilities increased by £112,823; whilst trade creditors decreased by £8,198 to £23,528.

The full matters of unfitness that Mr. N Narimani accepted in the Disqualification Undertaking were that:

I caused or allowed Bombin Limited (“Bombin”) to trade to the detriment of HM Revenue & Customs (“HMRC”) from at least 7 April 2011 to 23 August 2013, resulting in tax liabilities of £136,055 at liquidation. In particular:

  • Bombin made two payments totalling £7,737 in respect of Value Added Tax (“VAT”) leading to arrears of at least £83,693. Of the arrears, VAT is overdue for 02/11, payable in full by 07 April 2011 at the latest. The last payment made by Bombin was £3,934 on 20 September 2011; 23 months prior to cessation of trading.

  • Bombin made payments of £4,000 in respect of PAYE/NIC liabilities of £9,417 for the tax period 2010/11; payable in full by 22 May 2011 at the latest. Additional liabilities of £40,308 were incurred for the tax periods 2011/12 to 2013/14 of which £5,263 was paid, leading to arrears of £40,462.

  • In comparison an analysis of available bank statements shows that between 7 April 2011 and 29 April 2013 at least £623,491 was credited to Bombin’s bank account; of this £17,000 was paid to HMRC. Between 31 March 2011 and 3 October 2013, HMRC liabilities increased by £112,823; whilst trade creditors decreased by £8,198 to £23,528.

The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice. Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

 

Channel website: https://www.gov.uk/government/organisations/insolvency-service

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