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(영문) 대법원 2017. 10. 16. 선고 2017두48918 판결
(심리불속행) 실물거래없이 세금계산서를 수취하였다면 매입세액불공제 적법함[국승]
Case Number of the immediately preceding lawsuit

Busan High Court-2017-Nu-23868 ( March 31, 2017)

Title

(A) If a tax invoice is received without a real transaction, it is legitimate to deduct the input tax amount.

Summary

(S) If a list of total tax invoices by seller is not prepared differently from the fact without being supplied with goods or services, the non-taxation disposition of value-added tax is legitimate.

Related statutes

Article 16 (Tax Invoice)

Cases

Supreme Court Decision 2017Du48918 Decided and revoking the corporate tax

Plaintiff-Appellee

Aael Co., Ltd.

Defendant-Appellant

BB Director of the Tax Office

Judgment of the lower court

Busan High Court Decision 2016Nu23868 Decided May 31, 2017

Imposition of Judgment

May 31, 2017

Text

The appeal is 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 grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, the appeal is dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition

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