Current report no: 43/2021
The Management Board of Boryszew S.A. (Company, Issuer), following the current report No. 25/2021 and earlier reports regarding the decision of Head of the Fiscal Administration Chamber in Katowice (Chamber) determining overdue tax liability of ZM SILESIA S.A. (“ZM SILESIA”), subsidiary of the Issuer, for 2012 in the amount of PLN 28.6 million plus interest on outstanding tax liability in the amount of approximately PLN 16 million, informs that today – 27 October 2021 it became aware on the same day the Provincial Administrative Court in Gliwice issued a judgment revoking in its entirety the decision of the Head of the Fiscal Administration Chamber in Katowice of 19 April 2021 on the tax on goods and services for the period between January and December 2012, of which the Issuer informed in the current report No. 8/2021 and awarded ZM SILESIA reimbursement of the costs of the proceedings.
The reason why the Provincial Administrative Court revoked the decision challenged by the Company was, primarily, the deficiencies of the tax authority involving the lack of a proper justification of the circumstances and legal grounds for a possible suspension of the statute of limitations for tax liabilities for 2012. Given the crucial importance of the issue of the statute of limitations for the possibility and admissibility of proceedings concerning the assessment of tax liabilities, the Provincial Administrative Court found that the examination and resolution of the remaining disputed issues was premature.
The judgment is not final. The parties have the right to file a cassation complaint with the Supreme Administrative Court. Until the judgment of the Provincial Administrative Court becomes final, the repealed tax decision will not be enforceable.
Legal attitude: Article 17 section 1 MAR – Confidential information.
Signatures:
Wojciech Kowalczyk – President of the Management Board
Translation from the original Polish version.
In the event of differences resulting from the translation, reference should be made to the official Polish version.