In July 2015, when forming the registration amount in the Electronic Administration System, the State Fiscal Service of Ukraine did not take into account the unpaid amounts of the value added tax surplus formed by INTERFOAM until February 2015.
On March 17, 2017, the court resolution ordered the State Fiscal Service of Ukraine to increase the amount of budget reimbursement to the Interfoam for the amount of more than UAH 6 million for the system of electronic administration of VAT.
At the same time, the fiscal authority for a long time resisted the actual execution of the court's decision, explaining its inactivity by appeals and cassation complaints submitted for final court resolutions on the case, the lack of an established procedure for amending the system of electronic administration, etc.
On April 03, 2018 State Fiscal Service of Ukraine fulfilled court’s resolution and increased for INTERFOAM registered amount in system of electronic administration of VAT.
"Difficulties with the actual execution of court resolutions are well-known for the domestic legal community. Sometimes it is much more complicated to execute court’s resolutions than to win a case. Especially when the debtor in a non-property dispute is a central executive body. In this case, we had gotten 10 court resolutions in different jurisdictions, including in disputes with the executive service and in criminal proceedings against officials of the State Fiscal Service of Ukraine. The result of the work is the complete restoration of the rights of the client to a fair amount of budget reimbursement "- said partner Maxim Kompanets.
"Dispute with fiscal authorities is one of the priority practices for the Bakhmach and Partners Law Association. In this area we offer our customers the highest quality services based on innovative approaches and many years of practical experience", - said Managing Partner Andriy Bakhmach.
Managing partner of Bakhmach and Partners Law Association Andriy Bakhmach and partner Maxim Kompanets worked on the project.