12:15 11.09.2015

Roshen's Russian factory claim against federal tax service not satisfied by court

2 min read
Roshen's Russian factory claim against federal tax service not satisfied by court

The arbitration court of Lipetsk region has not satisfied a claim of Lipetsk Confectionary Factory Roshen (the subsidiary of Ukraine's Roshen Corporation belonging to Ukrainian President Petro Poroshenko) in which the company challenged the requirement of the inter district inspectorate of the Federal Tax Service for large taxpayers in Lipetsk reducing the depreciation bonus, a lawyer of the Lipetsk confectionary factory, Alexander Guryev, has told Interfax.

The court rejected the claim of the confectionary factory in full. However, he said that a conclusion was made on the unlawfulness of the tax service's demand to reduce the depreciation bonus in the declaration of intent of the ruling.

He said that the court said in particular: "The court believes that the arguments of the company that the requirement being challenged in its form and content is not foreseen in current laws are valid. The court agreed with the argument of the claimant that current tax laws do not foresee the liability of taxpayers to re-calculate the depreciation bonus for fixed assets."

"Thus, the court agreed with all arguments of the taxpayer and made the conclusion on the lawfulness of actions of the tax agency," Guryev said.

The only reason for not satisfying the claim was the ruling of the justice of peace to terminate proceedings in the administrative case against the head of the factory who was accused of committing a crime under Part 1 of Article 19.4 of the Administrative Offences Code of Russia (failure to obey the legal resolution or demand of an official of the state supervision agency).

"These are complementary documents and they lift any claims to the factory and its head. The refusal to satisfy the claim is positive in general. After studying the ruling the factory does not plan to challenge this ruling in the future," Guryev said.

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