YUST attorneys successfully represents the interests of OOO “PORSCHE RUSSLAND” in a dispute with the tax authority.
On 26 December, 2008, the Arbitration Court of Moscow made a decision upon a petition brought by ООО “PORSCHE RUSSLAND” (hereinafter – “the taxpayer”) on case No. А40-59223/08-90-231 to hold invalid the decision of the tax authority to hold liable to tax where contested by the taxpayer. The ruling made by the court of the first instance remained in force by the order of the Ninth Arbitration Court of Appeals of 2 March, 2009. On arbitration results the Federal Arbitration Court for the Moscow Circuit issued the order No. КА-А40/3784-09 of 7 March, 2009 to remain the judicial acts on the case unchanged.
As stipulated in clause 2, Article 3 of the Federal Law of 22 July, 2005 No. 119-ФЗ “On making Changes to Chapter 21, Part Two of the Tax Code of the Russian Federation and holding Invalid of Certain Provisions in the Acts of Law of the Russian Federation on Taxies and Duties”, the taxpayer took VAT for deduction with respect to amounts declared over a period from 1 January, 2005 till 1 January, 2006 on works (services) required to construct a Trade & Technical Center to sell and provide maintenance for cars (surveying work, expert evaluation, development of design documents, etc.).
The courts of three instances supported the taxpayers’ position on all episodes concerned. On 7 August, 2009, a period expired to file a petition to the Supreme Arbitration Court of the Russian Federation for reviewing the judicial acts
During the adjudication ООО “PORSCHE RUSSLAND” ‘s interests were represented by attorneys at the Law firm “YUST” in all judicial instances.