Energy Customs refunds UAH 4 mn to Gaztron

Customs issues: Other issues Kyiv

Subject of complaint: Energy Customs of the State Fiscal Service of Ukraine (Energy Customs). 
Complaint in brief: On April 16, 2018, international importer of liquefied gas and oil derivatives Gaztron-Ukraine turned to the Council with a complaint against Energy Customs.  The complainant could not refund an overpayment worth over UAH 4 million. 
When importing LPG in May 2015, the company hoped to be exempted from an excise duty as provided by the Customs Code. However, the Energy Customs refused to grant privileges to the Complainant He had to pay an excise duty to receive the freight, thus overpaying more than UAH 4 mn. 
Disagreeing with the refusal of the Energy Customs, the company challenged its actions in court. The investigation of the case lasted in courts of all instances for 2 years. In September 2017, the Higher Administrative Court of Ukraine ruled in favor of the Complainant. The privileges were found grounded, and the actions of the customs – illegal. 
However, for more than half a year, the Energy Customs Court neither complied with the decision, nor did it return the money and the repeated appeals of the company were unsuccessful. The Complainant applied to the BOC to protect its legitimate rights. 
Actions taken: Having examined the materials of the complaint, the Council upheld the the Complainant’s position and asked the Energy Customs in writing to comply with the court’s judgement. In addition, the BOC’s inspector arranged a meeting between the management of both parties with personal involvement of the Deputy Business Ombudsman. During the meeting Energy Customs clarified the procedure for adjusting documents in Poltava Energy Customs, the procedure and deadlines for filing applications for refund of funds. The government agency recommended that the company submit a new application taking into account these points. 
Result achieved: On July 20, the company finally received funds on its account. The Complainant thanked the Council “for the established communication with the Energy Customs, a professional approach and prompt actions of the team”. 

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