Complaint about the debtor's action on notification of foreclosure on money in debtors' bank accounts
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Russian State Institution "State Revenue Department for Almaly district of the
City of Almaty of the Ministry of Finance of the Republic of Kazakhstan"
93/95 Abylai Khan Ave., Almaty 6007ugd@kgd.gov.kz/ 8 727 267 69 18 .
from the Debtor: IP “......” represented by .......... Aipara Erlanovna
IIN ............... Almaty, Nauryzbay district, MD. ...........-2, St. ..........., D. 19.
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
Claim
debtors to Notification No. 06000004276 dated July 30, 2021 on foreclosure on money in debtors' bank accounts
July 20, 2021, Sole Proprietor “..........” in person........ Aipara Erlanovna (hereinafter referred to as the debtor) received notification No. 06000004276 dated July 30, 2021 on foreclosure on money in debtors' bank accounts (hereinafter referred to as the notification) from the State Revenue Department for the Almaly district of the Ministry of Internal Affairs of the Ministry of Finance of the Republic of Kazakhstan (hereinafter referred to as the tax authority), where, in accordance with art. 123 of the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget (Tax Code)" the debtor is required to submit to the tax authority a reconciliation report concluded between the debtor and KazComfort LLP (hereinafter referred to as the taxpayer). In accordance with Paragraph 3, Article 123 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)", where no later than twenty working days from the date of receipt of the notification, debtors are required to submit to the tax authority that sent the notification a reconciliation report, drawn up jointly with the taxpayer (tax agent), on paper or electronic media as of the date of receipt of the notification.
Complaint about the debtor's action on notification of foreclosure on money in debtors' bank accounts
On May 20, 2021, the Specialized Interdistrict Economic Court of Almaty, composed of the presiding judge Tolegenovna T.A., considered the civil case No. 7527-20-00-2/6338, at the request of KazComfort LLP (hereinafter referred to as the Plaintiff) to IP Pharm-plus represented by ........ A.E., (hereinafter referred to as the Defendant) on debt collection, where the Court Determined: The Plaintiff's Statement on approval of the agreement on dispute settlement through mediation concluded during the enforcement proceedings between the parties to the civil case on the claim of LLPKazComfort" to the sole proprietor "........" .............. To Aypara Erlanovna about collecting the amount of debt – to satisfy. To approve the agreement on the settlement of the dispute through mediation, concluded during the enforcement proceedings between the parties to the civil case on the claim of KazComfort LLP to the Sole Proprietor "......." .......... Aipara Erlanovna on debt collection, under the terms of which party-1 voluntarily, without any coercion, undertakes to pay the remaining amount of debt in the amount of 24,220,000 tenge by March 01, 2021 head of enforcement proceedings no.124/20-75-4242 dated October 01, 2020.
This debt can be repaid ahead of schedule. The amount owed in the amount of 24,220,000 tenge will be paid by crediting the amount to the settlement account of party-2 or on purpose. Payment for the services of a private bailiff of the executive district of Almaty, Beisembai B.N., in the framework of enforcement proceedings No.124/20-75-4242 As of October 01, 2020, it is 8% of the total amount of foreclosure, which in total amounts to 2,017,600 tenge. Payment for the activities of the CSI and the execution costs are credited by party-1 to the settlement account of Beisembai B.N. (Halyk Bank: KZ 116018861000014201). In case of non-fulfillment of obligations under this mediation agreement, the parties are notified that party 2 has the right to apply to a notary to make an executive inscription on this document in accordance with Articles 92-1-92-2 of the Law of the Republic of Kazakhstan "On Notary" and paragraph 4 of Article 27 of the Law of the Republic of Kazakhstan "On Mediation", as a result of which this document will be presented to be unconditionally punished, including carrying out all enforcement actions in accordance with the current legislation.
Complaint about the debtor's action on notification of foreclosure on money in debtors' bank accounts
In case of non-fulfillment of this mediation agreement, the interested party has the right to apply to the court for fulfillment of obligations under the agreement in a simplified written procedure provided for in Articles 145-147 of the CPC and paragraph 9 of Article 27 of the Law of the Republic of Kazakhstan "On Mediation". In case of disagreements or difficulties in connection with the implementation or interpretation of the agreements reached under this agreement, the parties will consider the possibility and necessity of resuming the mediation procedure with the assistance of professional mediator Serik Toktarbekovich Suyundikov, certificate No.000478 dated November 28, 2016. In case of non-fulfillment of obligations under this mediation agreement, the parties reserve the right to apply to the court in a civil procedure, in connection with which mediation was carried out, in accordance with paragraph 5 of Article 11 of the Law of the Republic of Kazakhstan "On Mediation". Party-2 reserves the right to transfer the right of monetary claim under this agreement to third parties. According to paragraphs 2 and 4, art. 123 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)", which stipulates that the tax authority does not have the right to confirm the amounts of accounts receivable disputed in court.
We hereby explain the circumstances on which the debtor bases his claims and evidence – this is the above-mentioned Definition of the Specialized Interdistrict Economic Court of Almaty, where there is an agreement between the debtor and the taxpayer on the settlement of the dispute through mediation, concluded during the enforcement proceedings. To date, the debtor is executing the above-mentioned judicial act on schedule. According to payment orders No. 45 dated 02.10.2021, No. 11 dated 04.02.2021, the debtor paid the amount owed in the amount of 2,000,000 tenge (confirming payment orders No. 45, 11 are attached). The debtor also paid in the framework of enforcement proceedings No.124/20-75-4242 She made a payment in the amount of 200,000 tenge (as confirmed by payment order No. 3383908 dated 05.12.2020), as well as in the framework of enforcement proceedings No.124/20-75-4242 CHSI Beisembaivym B.N., the amount of 164,639 tenge was withdrawn. Based on the above and in accordance with paragraphs 2 and 4, Articles 123 and art. 178 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code)", Please:
Cancel notification No. 06000004276 dated July 30, 2021 on foreclosure of money in bank accounts from IP Farm - plus represented by .......... Aipara Erlanovna;
To respond to the application within the prescribed time limits.
Sincerely, Representatives by proxy: _______/ Kenesbek I.M. "___" ________2021 G.
According to Article 76 of the CPC of the Republic of Kazakhstan, the term of the administrative procedure initiated on the basis of an appeal is fifteen working days from the date of receipt of the appeal, unless otherwise provided by the laws of the Republic of Kazakhstan.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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