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(영문) 대법원 2014. 01. 29. 선고 2013두20950 판결
개별소비세는 비과세관행이 성립하려면 과세를 하지 아니한 객관적 사실 및 과세하지 않는다는 의사 표시가 있어야 함.[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu12770 (2013.08.30)

Case Number of the previous trial

The early 2011 middle 1443

Title

In order to establish non-taxable practices, individual consumption tax must indicate objective facts and intention not to impose taxes.

Summary

In order to establish the non-taxation practice of individual consumption tax, there should be an objective fact that has not been taxed over a considerable period of time, and there should be an expression of intention that tax authorities are not taxed.

Cases

2013du20950 Revocation of disposition imposing special consumption tax, etc.

Plaintiff-Appellant

Section AA

Defendant-Appellee

Head of Namyang District Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu12770 Decided August 30, 2013

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 appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided

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