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Invalidation of decision-notices issued by tax authorities on amount of 960 000 hrn
29.09.2014
Tax Practice occupy one of the significant places in our legal practice. Cases on invalidation of decision-notices concerning additional tax payments is the most common type of cases in this field. Please be acquainted with successful case on appealing of decision-notices on amount of 960 000 hrn.
Case on refunding of overpaid amounts of VAT in the time of customs clearance
07.09.2014
In this case, Court of Appeal has revoked decision of Court of first instance and declared illegal activity of tax authority on failure to fulfillits obligations. Moreover Court has ordered to collect budget funds in favor of our client.
Reimbursement of customs payment, paid in advance
01.06.2014
This case is derived from those on invalidation of customs authority concerning adjustment of customs commodity costs. Within the frame of this case Court has validated arguments of our lawyers concerning illegal activity of customs authority and collected budget funds in favor of our client
Case on annulment the decision notice about including license fee into customs value of goods.
21.10.2013
We highly recommend you to pay attention to the court decision taken by Kyiv Administrative Court of Appeal pursuant to the requirements of our lawyers to annul the decision- notice of Customs House on including license fee into customs value of goods.
Case on appeal of a Decision on adjustment of customs value
15.10.2013
In this case Court of Appeal confirmed judgment of the court of original jurisdiction, taken in favor of our customer, about reversal of the decision made by Customs on adjustment of customs value. The key arguments for taking this decision was submitting by declarant all the information necessary for estimation of customs value of goods pursuant to contract price. It is the legal burden of Customs authority to prove impossibility of such estimation.
Action of land tax collection
26.08.2013
This issue related to justification of paying land tax by ZHeK (Municipal housing committee) instead of economic entity. Court confirmed the position of our lawyers according to which “Norm of law does not provide for possibility to reimburse the amount of tax to the third person which made such payment instead of the economic entity.
Invalidation of executive’s inactivity and release of property from attachment
07.08.2013
We propose for your information real litigated case. In such case, inactivity and illegal decision of executive are appealed in the District Court of Dnipropetrovsk. Court yield to the grounds of appeal, invalidated decision and forced Public enforcement service to release the property from attachment.
The appeal in the case of seeking revocation of the decision of customs on adjusting customs value
06.08.2013
Administrative court of appeal confirmed advantageous position in case of seeking revocation of the decision of customs on adjusting customs value
Collection of insurance compensation amount in case of mutual road traffic accident.
04.08.2013
The issue of recovery of insurance compensation amount in case of mutual road traffic accident.has been raised. The particularity of the case is that recovery is proportionate to the fault of each participant of road traffic accident which defines the court strategy.
Illegal disqualification from driving
19.06.2013
Within the scope of the case raised for violation of highway regulations the first-instance court mete out a penalty in the form of conditional personal restraint and disqualification from driving but have not grounded the legitimacy of such a restraint. We provided the convincing arguments which have been taken as a basis for the court’s decision.
Invalidation of tax notice-decisions
14.05.2013
Cases on invalidation of tax notice-decisions are the most common in practice of our company. Within the scope of this case tax notice-decisions for the amount of more than 5 million UAH have been ruled illegal.
Nullity suit of decisions of the customs on adjustment of customs value
10.04.2013
Please pay attention to the decision of a court in nullity suit of the decision of Kiev Customs House on adjustment of customs value. In this case, the court accepted the position of our lawyers in terms of completeness of documents submitted for customs clearance of goods and declined the arguments of customs body to provide additional documents which are not required according to the Article 58 of the Customs Code
Seeking revocation of the decision of customs on adjustment of customs value
10.04.2013
Please pay attention to the case of seeking revocation of the decision of Kiev customs authority on adjustment of customs value. In this case, the court took a side with our lawyers who proved that all the required documents had been submitted for customs clearance of goods and overruled the arguments of customs body regarding requirement to provide additional documents which is not stipulated in the Article 58 of the Customs Code.
Case on declaration of ownership on the lot
06.02.2013
The court considered declaration of ownership of inheritant on the lot, which belonged to testator and third party as joint property. Court took into consideration our arguments: impossibility of non-judicial determination of the right to property is not cause losing by inheritant his rights and decide to determinate the fact of equality of shares in right of joint property and declaration of rights.
Case on debt recovery for delivered goods in the amount of 382432,00 UAH
10.12.2012
The case resulted in approval by court a settlement agreement concluded on favorable terms and conditions for the client. It is important that we provided assistance in execution of the decision.
Providing explanations on the case related with recovering damage impaired by the state in the amount of 5180264,20
15.10.2012
This court decision is related to interpretation of Commercial court of Kyiv on collecting the sum of 5,180,264.20 UAH. The court took the comments of the lawyers of our company into consideration and explained that the recovery of damage impaired by the state should be executed regardless of envisaged transfer of the corresponding funds into the state budget of the current year.
The case on the recognition of illegal actions by Customs in determining violations of customs rules
11.03.2012
This interesting and a challenging case dealt with reparation of damage to foreign enterprise impaired because of failure to execute a decision of International Commercial Arbitration made in 90s. According to the judgment the state of Ukraine shall be liable for the failure to execute the decision of the Arbitration court on collecting debt from the state-owned enterprise. As a result a judgment of substantial amount against the state was made in favor of our client.
Case of debt recovery for delivered goods and penalty in the amount of 18,024,498, 62 UAH.
19.09.2011
This decision was made on a lawsuit against our client, a well-known pharmaceutical company LLC "VVS". The court decided to comply with suit of our client on failure to pay for the delivered goods. We continue supporting this case at the stage of bankruptcy of the debtor.
Case on debt recovery from freight forwarder for damage of goods lost during transportation, in the amount of 157,926 UAH.
25.07.2011
The court made a decision in favor of our client to recover damage in the amount of 157,000 UAH. An important role in achieving this result was a demand to make a merchandising expertise for determining the cost of damage.
Case on debt collection in terms of recourse in the amount of 1 254 875 UAH.
19.05.2011
Please pay attention to the case on compensation to the insurance company for damages by the person responsible for accident incurred. The key point in that case was to prove before the court the endamagement of a shipping agent.
Judgment for the plaintiff of 120 600 UAH unreasonably paid to the defendant according to lease agreemen
10.11.2010
This case resulted in judgment for the plaintiff of 120 600 UAH due to the proof that money was paid to defendant without any legal grounds. According to the court judgment the money paid to the landlord must be paid back to the client since the agreement on lease of a land lot is considered void.
Case on declaration of land lease agreement not concluded and paying back 120 600 UAH unreasonably received by the landlord.
24.05.2010
Within the scope of that process court found that plaintiff’s claim to our client for lease payment was unjustified because the land lease agreement had been found by court void because of failure to make state registration.
Case on annulment of the decision on tax amerce.
11.06.2008
We managed to declare invalid the decision of the Tax authorities on amerce in the amount of 171,006 UAH and recover the amount in favor of the client from the budget. The issue was raised by the Tax authorities due to discrepancies between the amount of revenue stored in the client’s safe and the cash registered amount . However, the conclusions made by the Tax authorities were groundless and made with violation of the order of auditing. We managed to prove this in the court which became the grounds for positive judgment.
The Case on damage recover in favor of the client, inflicted by the state in the amount of 6,087,846.5 USD.
28.08.2007
This interesting and a challenging case dealt with reparation of damage to foreign enterprise impaired because of failure to execute a decision of International Commercial Arbitration made in 90s. According to the judgment the state of Ukraine shall be liable for the failure to execute the decision of the Arbitration court on collecting debt from the state-owned enterprise. As a result a judgment of substantial amount against the state was made in favor of our client.
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"Lawyers of the law company "Deshunin, Yufest and partners" provide complex legal support in business activities of "Publishing House Babylon". We would like to note the assistance of lawyers in the acquisition of several branded editions of the first magnitude, which became important asset of our publishing house."
Publishing House Babylon, Inna Tkalych
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