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ECJ C-935/19 – Grupa Warzywna vs Poland – VAT penalty (in the form of an additional tax liability) compatible VAT Directive and principle of proportionality?

On Curia there’s no information yet.

  • Questions raised on 12 February 2020
  • The competent authority in the first instance tax authority found that the Grupa Warzywna was not entitled to deduct input VAT.
  • Grupa Warzywna submitted a correction to its VAT return(s).
  • The authorities subsequently imposed an additional assessment to Grupa Warzywna.
  • Following an appeal, the competent tax authority at second instance held that the correction served its purpose and that there were no grounds for an assessment.
  • However, the part of the decision in which the additional tax liability, was maintained
  • Grupa Warzywna pleads for annulment of this decision.
  • Is a VAT penalty (in the form of an additional tax liability) compatible with the VAT Directive and the principle of proportionality?

Update 8 June 2020 > On Curia, we see that more information about this case has been released, see HERE

 

 

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