05.10.08

Winning a court case does not insure a company against repeated claims, regardless of a decision by the Supreme Arbitration Court last year to limit retrials of tax cases based on newly discovered circumstances.

On September 16, 2008 the Moscow Arbitration Court reversed a decision in favor of the tax authorities, affirming their refusal of a 116 million ruble deduction claimed in June 2006. The court has previously ruled in favor of the company. However, later tax inspectors conducted a field audit of the company for the year of 2006 and found that the company was avoiding taxes through a scheme involving a fraudulent supplier. The tax authorities petitioned the Moscow Arbitration Court with a request to review the case in light of these newly discovered circumstances. Later in March, the court revoked the previous ruling made in the company’s favor and in September made a decision in favor of the tax authorities.

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Source: www.kommersant.ru