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(영문) 대법원 2015. 05. 28. 선고 2015두38276 판결
(심리불속행) ‘작성연월일’이 사실과 다른 세금계산서로 보아 매입세액불공제한 처분은 정당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon) 2014Nu705 (Law No. 14 January 2015)

Title

The disposition that did not deduct the input tax amount by deeming the date of preparation as a false tax invoice is legitimate.

Summary

(Summary) The issue of a tax invoice retroactive to the actual time of supply after the expiration of the taxable period shall not be deemed to constitute a case where there are special circumstances making it difficult to see the Plaintiff’s fault.

Related statutes

Tax amount under Article 17 of the former Value-Added Tax Act

Article 60 of the former Enforcement Decree of the Value-Added Tax Act

Cases

2015du38276 The revocation of the disposition imposing value-added tax.

Plaintiff-Appellant

the United Nations A

Defendant-Appellee

○ Head of tax office

The second instance decision

Seoul High Court (Chuncheon) 2014Nu705 (Law No. 14 January 2015)

Imposition of Judgment

2015.05.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

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