Tag: Principle of tax neutrality

Italy vs Coim S.p.A., January 2018, Supreme Court, Case No 2240/2018

Italy vs Coim S.p.A., January 2018, Supreme Court, Case No 2240/2018

Following a judgement by Regional Administrative Tribunal an appeal was filed by Coim S.p.A Among various other issues Coim S.p.A. complains of breach and misapplication of Article 9 of Presidential Decree No 917 of 22 December 1986, pursuant to Article 360(1)(3) of the Code of Civil Procedure, on the ground that the Regional Administrative Tribunal held that the recovery of the higher price calculated on the basis of the presumed normal value of the transfers made by the taxpayer to certain subsidiaries was lawful. The taxpayer claims that the appeal judges erred in finding that the Office had correctly applied the so-called CUP (comparable uncontrolled price method) price comparison method to determine normal value, in particular as regards the identification of the relevant market, the different stage of marketing of the goods tested compared to the comparative goods and the different commercial functions performed by the subsidiaries compared to the comparators. Judgement of the Supreme Court Indeed, the grounds of ... Read more