Velchev & Co successfully defends a client against an unlawfully imposed by Customs Agency sanction exciding BGN 5 000 000
Decision No. 441 / 04.08.2017 ruled on case No. 1044 / 2016 by the Petrich District Court and upheld by the Blagoevgrad Administrative Court with Decision No. 218 / 12.02.2018, ruled on case №665 / 2017 by, effective as of 12.02.2018 repealed a Penal Decree of the Director of the Customs Intelligence and Investigation Directorate of the Customs Agency, which imposed a pecuniary sanction exceeding BGN 5 000 000 to a client of Velchev and Co Law office for the transportation of excisable goods without tax documents, a violation under the Excise Duties and Tax Warehouses Act. Attorney at law Alina Ilieva and Attorney at law Velislav Dramov led the defence of the sanctioned company in the District Court and the Administrative Court, where it was undoubtedly found that the administrative violationalleged by the Customs Agency was not committed.. Despite the presented results of the Customs Laboratory which Customs Agency representative claimed to clearly identify the goods are excisable, namely that they are smoking tobacco, the defence insisted on an independent expertise regarding the nature of the goods. The opinion of an expert at the Tobacco and Tobacco Products Institute, as well as that of the experts in the triple court-appointed technical expertise was that the goods in question were not subject to excise but were identified as unusable tobacco refuse. The court accepted the arguments and evidence in favour of Velchev and Co Law Office’s client and rescinded the unlawful act of the penalising authority.