The constitutional Court declared inadmissible the claim for amparo filed by the Scotiabank bank against the National Superintendency of Customs and Tax Administration (Sunat) for default interest generated as a result of the delay in complying with the RTF issued by the Tax Court of 8 years and that it did that the debt increases by 890%.
The bank went to the TC in 2017 after having dismissed its appeal for protection before the Judicial Power against the default interest charged by the Sunat for the delay of the Tax Court, which took more than 13 years to pass judgment, with which the original amount of S / 48 million of debt became around S / 482 million.
The votes in favor of declaring the lawsuit inadmissible came from justices Marianella Ledesma, Eloy Espinosa-Saldaña and Manuel Miranda. Meanwhile, Ernesto Blume, in a minority, voted to declare the Scotiabank part founded.
Sunat: How did Scotiabank get to the TC?
In 2006, Scotiabank assumed a tax debt of S / 48 million when acquiring the bank Wiese Sudameris, which was accused of carrying out fraudulent operations of purchase and sale of gold to obtain a tax credit and pay less than the General Sales Tax (IGV).
According to the Ojo Público portal, the S / 48 million fine imposed by the tax entity was blocked because its general manager, Eugenio Bertini Vici, sought the mediation of the presidential advisor. Vladimir Montesinos -as stated in one of the so-called ‘vladivideos’-, during the government of Alberto Fujimori.
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