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(영문) 대법원 2017. 02. 23. 선고 2016두58130 판결
(심리불속행) 본사지방이전감면을 배제한 이 사건 처분은 아무런 근거법령이 없는 것으로서 조세법률주의에 반함[국패]
Case Number of the immediately preceding lawsuit

Daejeon High Court-2016-Nu-1034 ( October 12, 2016)

Title

The disposition of this case, which excluded the reduction or exemption of the headquarters from the relocation of the headquarters, is against the principle of no taxation without law, as it does not have any basis.

Summary

(C) No provision on reduction or exemption under the Restriction of Special Taxation Act shall be strictly interpreted, and the taxpayer shall not be able to interpret unfavorably.

Cases

2016Du58130 Revocation of Disposition of Imposing Corporate Tax

Plaintiff-Appellee

Bank 000

Defendant-Appellant

00. Head of tax office

Judgment of the lower court

Daejeon High Court Decision 2016Nu10334 Decided October 12, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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