THERE WAS NO BANKRUPTCY: NIZHNY NOVGOROD INTERMODA HAS AGREED WITH THE FEDERAL TAX SERVICE

THERE WAS NO BANKRUPTCY: NIZHNY NOVGOROD INTERMODA HAS AGREED WITH THE FEDERAL TAX SERVICE

THERE WAS NO BANKRUPTCY: NIZHNY NOVGOROD INTERMODA HAS AGREED WITH THE FEDERAL TAX SERVICE
The arbitration refused to recognize the Nizhny Novgorod boutique "Intermoda" as bankrupt. The ruling on the termination of the proceedings and the court's refusal to introduce the surveillance procedure dates back to September 8, 2023 (case No. A43-4783/2023).


Earlier, Rusbankrot reported that the fiscal authorities filed a claim for the insolvency of a well-known fashion store in Nizhny Novgorod in the amount of more than 75.2 million rubles. In March, the application from representatives of the inspection of the Federal Tax Service No. 18 was accepted by the Nizhny Novgorod arbitration Court for production, and in June the first court session was held.

During the trial and the postponement of several meetings, the tax authorities insisted that the defendant regularly understated taxes, which resulted in additional charges of over 430 million rubles, Kommersant writes. The tax authorities filed a claim for this amount in 2020, but it was returned.

During the proceedings, the amount of the Federal Tax Service's claims was reduced to 75.2 million. The company's defenders managed to prove the groundlessness of a number of the plaintiff's conclusions and reduce the amount of debt to 44.1 million. At the same time, the expertise carried out as part of the investigation into tax evasion helped. In particular, it was possible to refute the argument of the Federal Tax Service about the affiliated nature of relations with representatives of foreign brands.

The firm proved that the relationship with them was provided by an Italian company acting under an agency agreement concluded in 2010. At the same time, the attempts of the boutique to minimize tax deductions under the UTII by renting out retail space to affiliated structures were nevertheless proved. The main arrears of 23 million were repaid by the beneficiary of Intermoda in order to stop criminal prosecution.

The arbitration recommended that the participants in the process conclude a settlement agreement and thereby end the litigation. As a result, the tax authorities and representatives of the fashion boutique reached an oral agreement that by the end of 2023 they will close debt obligations on penalties and fines.

The source of the payment will be branded clothing that was arrested earlier as a way to secure claims against the store. Its price is clearly more than the remaining debt and this amount should be enough. But, as experts have noticed, fines from its sale and current taxes of the organization will also have to be paid, and the product itself will most likely be sold at a lower price.


11.09.2023