2024-11-01 | DOF 5742114Added
The Strategic Fiscalization Administration of the Tax Administration Service informs that the tax procedure against Grupo Organicos de Michoacan Chavez Alvarez, S.P.R. de R.L. under Article 69-B of the Federal Tax Code (valid until July 24, 2018) has been rendered without effect following a favorable judicial ruling. The Federal Administrative Justice Tribunal declared null and void the definitive resolution and the presumption notice issued against the taxpayer. The authority reserves its powers regarding other fiscal receipts issued by the taxpayer without the necessary assets, personnel, infrastructure, or material capacity.
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DOF: 01/11/2024
OFFICE 500-05-2024-18441 communicating the list of taxpayers who promoted some means of defense against the presumption notice referred to in the first paragraph of Article 69-B of the Federal Tax Code, valid until July 24, 2018, or against the resolution referred to in the third paragraph of the aforementioned article, and once resolved, the judicial or administrative body left the referred act unsubstantiated.
A seal with the National Emblem, which says: United Mexican States.- TREASURY.- Ministry of
Finance and Public Credit.- Tax Administration Service.- General Administration of Federal Fiscal Audit
Central Administration of Strategic Fiscalization.
Office: 500-05-2024-18441
Subject: Communication of the list of taxpayers who
promoted some means of defense against the notice
of presumption referred to in Article 69-B first
paragraph of the CFF, valid until July 24, 2018, or against
the resolution referred to in the third paragraph
of the aforementioned article and once resolved, the
judicial or administrative body left unsubstantiated
the
referred act.
This Central Administration of Strategic Fiscalization, attached to the General Administration of Federal Fiscal Audit, of the Tax Administration Service, based on what is established in articles 16,
first paragraph of the Political Constitution of the United Mexican States; 1, 7, fractions VII, XII and XVIII and 8,
fraction III of the Law of the Tax Administration Service, published in the Official Gazette of the Federation
of December 15, 1995, reformed by Decree published in the same Official Gazette on
June 12, 2003; 1, 2, first paragraphs, section B, fraction III, subsection e) and second, 5, first paragraph,
13, fraction VI, 23, section E, fraction I, in relation to Article 22 first paragraphs, fraction VIII, and
last, numeral 5, of the Internal Regulations of the Tax Administration Service, published in the Official
Gazette of the Federation on August 24, 2015, effective from November 22, 2015, in
conformity with what is established in the first paragraph of Article First Transitory of said Regulations, and
reformed by Decree by which various provisions of the Internal Regulations of the Ministry of Finance and Public Credit and of the Internal Regulations of the Service
of Tax Administration are reformed and added, and by which the Internal Regulations of the National Agency of Customs
of Mexico are issued, published in the same official organ on December 21, 2021, effective from January 01
of 2022, in conformity with what is established in the First Transitory Article of said Decree; Article
Third, fraction I, subsection a), of the Agreement by which various attributions are delegated to the Public
Servants of the Tax Administration Service, published in the Official Gazette of the Federation on June 23
of 2016, effective from July 23, 2016, in conformity with what is established in the
Transitory Article First of said Agreement; in articles 33, last paragraph, 63 and 69-B, paragraphs first and
second of the Federal Tax Code valid until July 24, 2018, in relation to the article
Second transitory of the "DECREE by which Article 69-B of the Federal Tax Code is reformed",
published in the Official Gazette of the Federation on June 25, 2018 and Article Tenth transitory, fraction IV,
of the Fiscal Miscellany Resolution for 2024, published in the Official Gazette of the Federation on December 29
of 2023,
communicates to you the following:
That the taxpayer listed below, at the time, was notified of a Notice of
Presumption of non-existence of operations backed by certain fiscal vouchers that they issued,
this in accordance with the first and second paragraphs of Article 69-B of the Federal Tax Code,
valid until July 24, 2018, in relation to Article 69 of its Regulations.
Following the procedure provided for in the aforementioned Article 69-B of the Federal Tax Code, valid
until July 24, 2018, and in terms of the third paragraph of the aforementioned article, to that taxpayer
the definitive resolution was notified as indicated below:
Notification to the taxpayer of the OFFICE OF THE DEFINITIVE RESOLUTION.
No.
R.F.C.
Name, denomination or
social name of the
Taxpayer
Number and date of
office of definitive
resolution
Means of notification to the taxpayer
Tax Box
Authority's records
Personal Notification
Date on which
it was notified in
Tax
Box
Date on
which it took
effect of
notification
Date of posting on
the records of the
Fiscal Authority
Date on
which it took
effect of
notification
Date of
notification
Date on which
effect took
notification
01
GOM100527A1A
GRUPO ORGANICOS DE
MICHOACAN CHAVEZ
ALVAREZ, S.P.R. DE R.L.
500-38-00-04-02-2018-
2252 dated February 16
of 2018
February 22
of 2018
February 23
of 2018
Additional taxpayer information.
No.
R.F.C.
Name, denomination or social
name of the Taxpayer
Fiscal Address
Preponderant Activity
Reason for the Procedure
01
GOM100527A1A
GRUPO ORGANICOS DE
MICHOACAN CHAVEZ ALVAREZ,
S.P.R. DE R.L.
URUAPAN, MICHOACAN DE
OCAMPO
PLANTING, CULTIVATION AND HARVESTING OF
AVOCADO
Absence of assets
Absence of personnel
Lack of material capacity
Lack of infrastructure
For the above reason, the social name of the taxpayer to whom the aforementioned resolution was notified was added to the
list referred to in the third paragraph of Article 69-B of the Federal Tax Code, valid until
July 24, 2018, which was published in the Official Gazette of the Federation, as indicated below:
No.
R.F.C.
Name, denomination or social name of the
Taxpayer
Number and date of office containing in Global List
Definitive
Date of publication in the Official
Gazette of the Federation
01
GOM100527A1A
GRUPO ORGANICOS DE MICHOACAN CHAVEZ
ALVAREZ, S.P.R. DE R.L.
500-05-2019-5125 dated January 21, 2019
February 19, 2019
Dissatisfied with the individual presumption notice or notice of definitive resolution, they filed a means of
defense from which the following conclusion was reached:
No.
R.F.C.
Name, denomination or
social name of the Taxpayer
Means of defense
Date of the
Resolution or
final sentence
Authority that
resolved
Sense and/or effect of the resolution or final sentence
01
GOM100527A1A
GRUPO ORGANICOS DE
MICHOACAN CHAVEZ
ALVAREZ, S.P.R. DE R.L.
Nullity Trial 985/
21-21-01-4-OT
January 10,
2022
Regional Court of
Central Pacific of the
Federal Tribunal of
Administrative Justice
The nullity of the impugned resolution 600-37-00-00-00-2021-1500 dated April 30
of 2021, issued by the Decentralized Legal Administration of Michoacán "1", is declared plain and simple,
regarding the Administrative Recourse of Revocation Online
RRL2018003424, as well as, the originally appealed,
500-38-00-04-02-2018-2252 of February 16, 2018,
issued by the Decentralized Administration of Fiscal Audit
of Michoacán "2".
In view of the above, and in compliance with the interlocutory sentence of June 18
of 2024, regarding the Complaint filed by the plaintiff in the contentious administrative trial with
file number 985/21-21-01-4-OT, as well as, the definitive sentence of January 10
of 2022, pronounced in the records of the aforementioned trial, by the Regional Court of the Central Pacific of the Federal
Tribunal of Administrative Justice; it is informed that, as a consequence of the means of defense indicated in
the preceding paragraph, the procedure of Article 69-B of the Federal Tax Code valid until
July 24, 2018, followed against that taxpayer, has become ineffective.
Finally, it is informed that the fact that the aforementioned taxpayer
has obtained a favorable resolution against the presumption notice and/or definitive resolution, does not
exempt them from the responsibility that
they may have regarding other fiscal vouchers that they issued without having the assets, personnel,
infrastructure or material capacity, directly or indirectly, to provide the services or produce,
commercialize or deliver the goods that backed such vouchers, for which reason, the powers of the
fiscal authority are reserved.
Respectfully.
Mexico City, August 23, 2024. - In substitution for the absence of the Central Administrator of
Strategic Fiscalization, from the Coordinator of Strategic Fiscalization, from the Administrator of Fiscalization
Strategic "1", "2", "3", "4", "5" and "6", based on articles 4, fourth paragraph, and 22, last paragraph,
numeral 5 subsection h), of the Internal Regulations of the Tax Administration Service in force, signs: C.P.
Nayeli Margarita Ramos Hernández, Administrator of Strategic Fiscalization "7".- Rubric.
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