29.11

2021

TEFFI Law Firm protected the client’s interests in a dispute with the tax authorities Back

The dispute arose in 2018 when our client – an international IT company, a global leader in the field of freight audit, appealed to the Kyiv District Administrative Court with the claim to the Main Department of the State Fiscal Service of Ukraine in Kyiv (now – the State Tax Service of Ukraine) on recognition illegal and cancellation of tax notices-decisions.

The claim was based on the fact that the appealed decisions were made by the STS of Ukraine without legal and factual grounds, in violation of the requirements established by the law for the procedure for conducting the audit of the taxpayer.

In addition, in the statement of claim, the lawyers put forward the arguments and disproved conclusions of the controlling authority stated in the contested notifications-decisions regarding the fictitious sale operations between the claimant and one of his counterparties. In particular, the lawyers focused on the fact that the position of the supervisory body was formed without having proper evidence. The client, in turn, provided sufficient and appropriate evidence of carrying out business activities legally.

Having considered all the evidence and found violations in the actions of the tax authority, the court decided to uphold the claim of our client, declared illegal and canceled tax notifications-decisions.

Managing partner Igor Kryzhanovskyi and Andriy Ilyuk, Head of Litigation and Dispute Resolution, worked on the project.