The High Court of Cassation and Justice ruled that, given that the plaintiff has discharged her administration of fixed assets with the sums representing the initial value in accounting of the imported equipment, without this operation being accompanied by documents which would certify their cassation (circumstance which is, as a matter of fact, also certified by the expert legal report done in the present case), the provisions of Art. 124 para. (8) letter b) of the Fiscal Code cannot be applied. These provisions state that “the annulled fixed tangible assets (…) do not constitute a delivery of goods, within the conditions asserted by law”. The Court stated that the provisions applicable in the present case are the ones upheld in Art. 128 para. (4) letter d) of the same Code, according to which “assimilated to deliveries of goods under payment are (…) the goods discovered as missing from accounting”. Therefore, the operation is considered a delivery of goods, being a taxable operation from a VAT perspective.
(Decision no. 1503 of the 24th of March 2014, given at appeal by the Administrative and Fiscal Section of the High Court of Cassation and Justice, covering the partial annulment of the notice of assessment)
:: The Source: JURIDICE. ro