Projects

Representation of the interests of OJSC Vologdaenergo in litigation over the results of a field tax audit carried out by Inter-district Tax office for Major Taxpayers No. of the Federal Tax Service of the Russian Federation.

2007 – 2008

During the field tax audit, the tax authority lodged tax claims on seven basic grounds, including over-statement of the volume of technological losses of thermal and electric power, procurement of coal from “unconscientious” suppliers and conclusion of economically unjustified leasing agreements, etc. The sums additionally assessed amounted to over 300 million roubles.
During consideration of the case in the Moscow Arbitration Court, all the tax authority’s claims were recognised as invalid. The Vegas Lex Tax Litigation and Consulting Group proved that the direct method for calculating technological losses was both justified and legitimate, that OJSC Vologdaenergo had demonstrated neither bad faith nor negligence in purchasing coal and that the conclusion of the leasing agreements was both lawful and economically reasonable.
The convincing nature of the legal position and evidence presented by the taxpayer led higher instances – the Ninth Arbitration Appeal Court and the Federal Arbitration Court of the Moscow Circuit – to uphold the decision of the first instance court. This convincing victory resulted in the tax authority rejecting any supervisory appeal.