Legislator Case Law & Legislation
III ARN 44/96 AI generated

Supreme Court allows extraordinary review for tax authority failure to verify missing sales register records.

Case Number III ARN 44/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court granted an extraordinary review against a tax authority decision based on estimated sales due to the loss of the taxpayer's sales register. The taxpayer argued that without a valid register, the authority could not legally exclude purchase costs from taxable turnover, while the tax office contended that estimates were necessary. The court ruled that the tax authority failed its statutory duty to verify the missing records and properly apply the law, thereby violating the principle of legal certainty.

Legislator headnote

AI generated

§ 6 of the Regulation of the Minister of Finance of April 17, 1991; Art. 75 and 77 § 1 of the Tax Procedure Act: The tax authority must verify the existence and accuracy of the sales register; if the register is missing or invalid, the authority cannot arbitrarily estimate turnover but must determine the taxable base based on available evidence or admit the inability to verify, as excluding purchase costs depends on the proper conduct of the register.

Keywords

AI generated
extraordinary review tax turnover estimation missing sales register purchase cost exclusion principle of legal certainty tax procedure duty ordinary turnover tax

Cited Legislation

AI generated
§ 6 of the Regulation of the Minister of Finance of April 17, 1991 on turnover tax rates
Art. 75 and 77 § 1 of the Tax Procedure Act
Art. 421 § 2 and Art. 422 § 2 of the Code of Civil Procedure

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text