Case Number of the immediately preceding lawsuit
Suwon District Court 2010Guhap3270 ( October 05, 2011)
Case Number of the previous trial
early 2010 Heavy0252 (2010.06.01)
Title
Where business registration is registered only, the input tax amount before registration shall be applicable.
Summary
(1) It is not sufficient to recognize that a public official in charge has provided guidance for business registration with wrong details. If an input tax amount has been generated by running a taxable business prior to general business registration even if a public official has continued to engage in business after having registered business registration, this constitutes an input tax amount prior to registration of non-deductible of input tax.
Related statutes
Article 17 (2) of the Value-Added Tax Act
Cases
2011Nu27188 Revocation of Disposition of Imposition of Value-Added Tax
Plaintiff and appellant
The workplace housing association
Defendant, Appellant
Head of Namyang District Tax Office
Judgment of the first instance court
Suwon District Court Decision 2010Guhap3270 Decided July 5, 2011
Conclusion of Pleadings
July 5, 2013
Imposition of Judgment
August 30, 2013
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance is revoked. The defendant's imposition of the second value-added tax OOOOO(OOOOOOO appears to be erroneous) on November 26, 2009 against the plaintiff on November 26, 2009 and the imposition of the first value-added tax OOOOOOO in 208 are revoked.
Reasons
The reasons for this decision are as stated in the judgment of the court of first instance.
Then, the judgment of the first instance is legitimate, and the appeal of the plaintiff is dismissed as it is without merit. It is so decided as per Disposition.