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(영문) 대법원 2015. 08. 27. 선고 2015두43018 판결

세금계산서를 수취하지 않아 매입세액불공제는 적법하며, 장부의 주요부분이 미비 허위에 해당하여 추계결정은 적법함.[국승]

Case Number of the immediately preceding lawsuit

Daegu High Court 2014Nu6402 ( April 24, 2015)

Case Number of the previous trial

Early High Court Decision 2013Gu2813 ( October 24, 2013)

Title

The input tax deduction is legitimate due to the failure to receive the tax invoice, and the estimation decision is legitimate because the main part of the book is false.

Summary

Since there is no necessary account books and documentary evidence in calculating the global income tax base due to the excessive omission of the amount of income, or there is a lack of important or false account books and documentary evidence in calculating the global income tax base, it is legitimate to determine the amount of income by applying standard expense rate.

Related statutes

Article 17 of the Value-Added Tax Act

Cases

Supreme Court Decision 2015Du43018 Decided revocation of Disposition imposing Value-Added Tax

Plaintiff-Appellant

AA

Defendant-Appellee

BB

Judgment of the lower court

National Rotations

Imposition of Judgment

2015.08.27

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the appellate brief were examined, but the grounds of appeal by the appellant are included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal

Since it is deemed that there is no reason or reason, all appeals are dismissed in accordance with Article 5 of the above Act.

It is so decided as per Disposition by the assent of all participating Justices.