Bibliographic citations
Barra, J., Guevara, N. (2023). Desnaturalización de la Facultad Interpretativa del Tribunal Fiscal al apartarse del Criterio Vinculante Establecido en la Casación N.” 4392-2013 Lima [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6554
Barra, J., Guevara, N. Desnaturalización de la Facultad Interpretativa del Tribunal Fiscal al apartarse del Criterio Vinculante Establecido en la Casación N.” 4392-2013 Lima []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6554
@misc{renati/24806,
title = "Desnaturalización de la Facultad Interpretativa del Tribunal Fiscal al apartarse del Criterio Vinculante Establecido en la Casación N.” 4392-2013 Lima",
author = "Guevara Castelo, Nicole Jhoan",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The present investigation carried out the study of the denaturation of the interpretative power of the tax court by departing from the binding criteria established in the appeal 4392- 2013 Lima; In order to determine the interpretative power, the following question was raised: How does the Tax Court distort its interpretative power regulated by the TUO of the Tax Code, by deviating from the binding criteria of the judgment Casatoria 4392-2013- Lima? Therefore, as a general objective, it was proposed to determine how the Tax Court denatures its interpretative power regulated by the TUO of the Tax Code, by deviating from the binding criteria of the judgment Casatoria 4392-2013-Lima. In the methodology, the approach that comes to be qualitative, the type of research is descriptive; The study population is made up of specialists in the subject who are in Cusco, the interview was used in the technique and the question guide was used in the instrument. A phenomenological design was applied. In the results the conclusion was reached that the Tax Court did distort its interpretative power by using a systematic interpretation and without due motivation to support its departure from the binding precedent established in the Cassation No. 4392-2013 Lima, in this sense, since the Tax Court is the last resolving body at the administrative level of SUNAT, although it had the power to deviate from the binding criteria in merit of Article 22 of the Organic Law of Judiciary, I do not value, what is signed in Article No. 154 of the Tax Code, issuing the Mandatory Observance Resolution N.° 05359-3-2017.
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