The
correct implementation of any adopted legislation in practice depends on the
professional potential of government officials and the principled actions of
the competent authority in this regard.
The
Gissarneftegaz JV in the form of an LLC in the Kashkadarya region faced the
problem of violation of legislative requirements by the tax authorities and applied to the Business Ombudsman.
As
it turned out, tax authorities
carried out an express implementation of the joint venture's activities based on the order
of the Kashkadarya Regional State Tax Administration of June 17, 2019 No.534-хс.
According to the
results of the study, 329 fixed assets in the amount of 574,197,298,567.3
soums, recorded by the LLC on the balance sheet as movable property, were
assessed by the tax authorities as immovable property and property tax was
charged on them in the amount of 40,465,272,000 soums.
The Commercial Court
of Guzar District, on the basis of the above conclusion, collected property tax
from the account of JV “Gissarneftegaz” in the form of LLC in the amount of
165,766,760 soums.
According
to the conclusion of the
National Center for State Cadastres, Geodesy and Cartography dated October 15,
2019, only 9 out of 329 objects assessed by the tax authorities as real estate
were recognized as real estate.
On
the basis of the necessary evidence and documents, the Business Ombudsman, in
the interests of the joint venture, appealed to the Supreme Court against the
decision of the cassation instance of the Economic Court of the Kashkadarya
region.
By
the decision of the Supreme Court dated February 26 of this year, the decision
of the cassation instance of the Economic Court of the Kashkadarya region, made
against the interests of the JV, was canceled.