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(영문) 대법원 2013. 12. 13. 선고 2013두22789 판결
(심리불속행) 사실과 다른 세금계산서 및 불이익변경금지원칙 위배여부[일부패소]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu6123 (Seoul High Court 2013.09.26)

Case Number of the previous trial

2011 middle 3306

Title

(C) Whether a person violates the principle of prohibition of disadvantageous change or tax invoice different from the facts.

Summary

(1) The main tax invoice received from the main oil material constitutes a false tax invoice and the Plaintiff is not a bona fide party. However, if the result of the re-audit by the Tax Tribunal is a decision to increase the disposition, it is unlawful in violation of the principle of prohibition of disadvantageous change.

Judgment

Contents like attachment;

Related statutes

Article 79 of the Framework Act on National Taxes, Articles 17 and 57 of the Value-Added Tax Act

Cases

2013Du22789 Disposition to revoke the imposition of value-added tax.

Plaintiff-Appellant

1.A 2.J.

Defendant-Appellee

○○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2013Nu6123 Decided September 26, 2013

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

As the plaintiffs did not state the grounds of appeal in the petition of appeal filed by the plaintiffs and did not submit the grounds of appeal within the statutory period, Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases concerning the Procedure for Appeal by the assent of all participating Justices

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