Sergei Bakeshin has explained to the DP why financial authorizes cannot appeal against court decisions in tax disputes
13th Commercial Court of Appeal stopped proceedings on the complaint of the Finance Committee of the Leningrad region. The court had asked to reconsider a decision that was not in favor of the Federal Tax Service: the company Gotek North-West managed to prove that tax authorities charged additional 378 million rubles of property tax arrears.
According to Sergei Bakeshin, head of dispute resolution practice at Maxima Legal, if the Finance Committee of the Leningrad region files a cassation appeal, there is no chance of the appeal being satisfied. “The court lawfully and reasonably pointed out that the Tax Code of the Russian Federation does not financial authorities to appeal against courts decisions in tax disputes. A different interpretation of the law would mean that all tax disputes should involve the Russian Ministry of Finance, the financial authorities of a constituent entity and, possibly, the municipality,” Sergei explained to the Delovoy Peterburg newspaper.
You can read the material on the on the website of the Delovoy Peterburg newspaper >>>