Nineteenth Arbitration appeal Court (Voronezh) appointed 20 October the consideration of the Claim of the Federal tax service of the decision of the lower court on the illegality of additional Lipetsk factory Roshen confectionery Corporation owned by the President of Ukraine Petro Poroshenko, more than 35 million rubles of taxes and refusal to reimburse the factory for about 26 million rubles VAT, said on Thursday Last news in court.
The taxpayer appealed two decisions of Interdistrict inspection of Federal tax service for major taxpayers in the Lipetsk region from October 2, 2014. The first factory was ordered to pay to the budget for the fourth quarter of 2014, about 35, 5 million rubles of tax deductions for the added Price, penalties and fines. The second decision, FNS factory refused to use the tax deduction of VAT for the same period and the return 25, 9 million rubles.
complaints of the tax caused a contractual relationship with Roshen construction company NPF "Metallinvest" In the construction process, "Confectionery factory and distribution center, JSC LKF "Roshen" in the village of Kozyreva in the Lipetsk region ". Review of the Federal tax service, construction contractor was carried out at an inflated price, which is confirmed by the examination. The tax authority believes that the factory received an unjustified tax benefit, resulting in the overstatement of tax deductions under the VAT When purchasing items and services from the company.
The arbitration Court of the Lipetsk region has recognized the decision of the tax Inspectorate illegal. The court, for example, found that the expert was not handed over to the project documentation for the object that was in tax authority and without project specialist, by his own admission, was not able to fully verify the estimated project cost. In addition, as shown by the Court of first instance, the conclusion of the examination refers to one of the units of work " reinforced concrete slabs ", rather than the entire object.
The court at the request of the bakers took security measures, suspending the execution of the decision of tax inspection until the completion of litigation. The Court took into account the applicant's recession loss and socially significant liabilities for wages and payment of other taxes. So, the factory introduced the idle due to the lack of congestion of production, and the production of confectionery products decreased in comparison with the 2014 year of more than thirty percent, it follows from the court.
first Russian investigators in the process of criminal investigation arrested the property of the Lipetsk factory of the organization on 2 billion roubles. For example, the detention was imposed for a number of buildings (warehouse, four shops, a utility building), and on 7 plots of land belonging to the Lipetsk factory " Roshen ". The Moscow city court on 6 July rejected the request of the pastry about removal of arrest.