The appeal filed by Grupo Elektra against the payment of 2 thousand 636 million pesos corresponding to Income Tax (ISR) for the year 2006, was dismissed by the Supreme Court of Justice of the Nation (SCJN).
The amparo was rejected on the grounds that it did not meet the requirements of interest and importance to review the ruling of a federal court, because the company’s arguments did not include questioning the constitutionality of a federal regulation.
In accordance with Process, the Second Chamber of the Court issued a ruling that confirms two previous rulings of the Twentieth Collegiate Court in Administrative Matters and the Federal Court of Administrative Justice that validated the amount of the tax credit that the Tax Administration System (SAT) imposed on the company Salinas Pliego since 2013.
Finally, the direct protection was voted in review of Grupo Elektra that the Second Chamber of the Supreme Court decided to definitively reject, for which the company of Ricardo Salinas Pliego must pay the debt to the treasury of 2 thousand 636 million pesos.
Grupo Salinas responds
Given this, a statement was published on Grupo Salinas’s Twitter account mentioning that, by refusing to analyze the amparo, they violated their right to access justice, for which they will go to international bodies.
“At Grupo Salinas we are convinced that both national and international legal instruments are a fundamental part of democracy; making use of them is a way not only to defend our companies and businesses, but also our collaborators and our conviction of full respect for the free market and the rule of law”, the letter mentions.
At the end of 2020, the magistrates of the Superior Chamber of the Federal Court of Administrative Justice (TFJA) ruled that Grupo Elektra should pay the SAT 18 thousand 455 million pesos for ISR debts of fiscal year 2013.
However, days later, the Superior Chamber ratified another resolution in which the amount to be paid was established at 2 billion pesos for a tax credit for the 2010 financial year, according to reports. Political Animal.
Background
A early 2021, in an interview on the program Los Periodistas, broadcast on the eighth, the head of the SAT, Raquel Buenrostro, assured that the treasury was disputing various Grupo Salinas companies, whose main shareholder is Ricardo Salinas Pliego, for the payment of 32 billion historical pesos, without updating for inflation.
Thus, the debt in current pesos could exceed 40 billion pesos, since interest and updates are added, since the company merged some of its subsidiaries, dedicated to storage and distribution, and claimed that what was invested in that operation would was deducted from income tax.
Given this, it received the refusal of the Superior Chamber of the Federal Court of Administrative Justice, for which the Elektra Group took the case to the Court, which it reached in 2018 and where its protection was dismissed this Wednesday.
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