UKRMASLOTREID LLC, representation in a tax dispute
Project Partner: Diana Vasylevych
Project team: Anastasiia Pekar, Oleksandr Taran
In view of the efforts made by the team of lawyers, the Kyiv District Administrative Court decided to sustain claims brought by UKRMASLOТREID LLC (one of the biggest suppliers of sunflower oil in Ukraine and abroad) against the Central Department of the State Fiscal Service in the city of Kyiv seeking to declare unlawful and set aside three tax notification decisions, by which the Client’s tax liabilities were increased with respect to the corporate profit tax and value added tax and penalties were charged for the total amount of UAH 6.5 mln.
In particular, the lawyers have given irrefutable evidence proving that the Client in fact conducted business transactions with 15 counterparties and that the depreciation was lawfully charged in connection with the use of fixed assets in its business activities and classified as expenditure.
Moreover, the court accepted the attorney’s position that a verdict rendered by the court to bring the counterpart’s director to criminal liability for committing the criminal offense set forth in article 2051 of the Criminal Code of Ukraine did not prove that the commercial transaction in which the counterparty was involved was unreal in view that the case file materials contained all source documents required for a business transaction of certain type.