III RN 109/98
AI generated
Supreme Court allows VAT penalty for falsely inflowing input tax in records violating statutory obligations.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the extraordinary revision by the President of the Administrative Court, overturning the lower court's decision. The court found that the civil company falsely inflated input tax by including costs for a car not in use and interest payments on a loan, violating specific VAT record-keeping obligations. Consequently, the court ruled that such falsification constitutes a breach of statutory duties, justifying the application of the triple penalty for overvalued input tax.
Legislator headnote
AI generatedArt. 27 ust. 4, 5 pkt 2 ustawy o podatku od towarów i usług; A taxpayer who falsely inflates input tax in records and bases declarations on such data violates statutory obligations and incurs the statutory penalty.
Keywords
AI generated
VAT input tax
falsified records
triple penalty
extraordinary revision
tax evasion
administrative court
record keeping
Cited Legislation
AI generatedArt. 27 ust. 4 of the Act on VAT and Excise Duty
Art. 27 ust. 5 pkt 2 of the Act on VAT and Excise Duty
Art. 393 § 13 of the Code of Civil Procedure
Act of March 1, 1996 on amending the Code of Civil Procedure