August 14, 2012
The loss of the state budget has been prevented by the prosecutor's office of the protests for the current period, totaling over 159 million tenge, including tax disputes in excess of 154 million tenge for customs disputes over $ 5 million.
Thus, the LLC "West" has applied to the Specialized Interdistrict Economic Court of NKR (the SIEC) to declare illegal the action of SD "Tax Department of G.Musrepov’s area" in terms of the amount of taxes over 154 million recorded in the notification of the results of the tax check later extending its requirements need moral damages.
The requirements LLC "West" have been partially met by the decision SIEC. The notification of SD "Tax department on area Gabit Musrepov" in respect of additional on LLC "West" of the corporate income tax in the amount of over 154 million tenge has been admitted illegal and quashed.
The prosecutor’s office of Petropavlovsk city has lodged a protest on the decision of the court as an incorrect application by the court of first instance of tax legislation by invalidating the notification of the tax authority.
The prosecutor's protest of Petropavlovsk city has been satisfied according to the appellate Board of judges of the regional court, the solution has been changed and canceled in the recognition unlawful notice of SD " Tax department on area Gabit Musrepov " and the new decision has been taken to refuse the application of LLC "West."
In cassation appeal decision has been upheld; thereby notice of the tax authority to charge additional tax amounts to over $ 154 million has been left in force.