The law firm “Winner” successfully defended the interests of an entrepreneur engaged in the production and trade of agricultural products in a court dispute with the Main Department of the State Tax Service.
The entrepreneur concluded contracts with suppliers of goods necessary for the implementation of his activities. However, after conducting a scheduled tax audit, the fiscal service body came to the conclusion that the actual implementation of economic relations with suppliers of goods was not confirmed due to the problematic legal status of his counterparties. And although the fact of the delivery of goods was duly confirmed, in accordance with the tax notice-decision, additional charges were made to the entrepreneur for a total amount of 480 thousand UAH. The activities of the enterprise were frozen, the owner suffered significant losses.
But the entrepreneur decided not to seek legal assistance at this stage and lost. The court of first instance agreed with the position of the fiscal service, at the same time, did not provide any assessment of the plaintiff’s evidence. As a result, the entrepreneur was denied the claim. Producers, faced with a situation where they need legal assistance, often do not trust lawyers and believe that they only make money on the problems of farmers and do not guarantee success and a positive result in solving the problem. Banal distrust becomes the reason for the closure of farms and entire production facilities.
At the second stage, the entrepreneur realized his mistake and turned to the Winner Law Firm. Disagreeing with the court’s position, the lawyers appealed the decision of the first instance court. The legal position was based on the fact that the disputed business transactions are real, correspond to the true economic content and are confirmed by the necessary documents, which is evidence of the good faith of the producer in carrying out the specified transactions. The main thing that all businessmen, entrepreneurs, producers should remember is that the taxpayer cannot be held liable for the failure of his counterparty to fulfill his tax obligations.
The case ended victoriously, the appeal court overturned the decision of the district court and adopted a new one, by which the tax notice-decision was recognized as unlawful and canceled. But how much wasted time, health and money could have been saved, if the entrepreneur had sought help earlier!
Winner Law Firm is a guarantee of your victory.