LUCCA. The seizure of a house in Casoria (Naples) against the entrepreneur was cancelled Claudio Polonia in the investigation by the Financial Police into alleged tax evasion. This was decided by the Review Court (president Pezzuti, alongside Poggi and Massaro) by accepting the appeal of the entrepreneur considered to be the de facto administrator of “Ponteggi Quasi Gratis Srl” of Capannori, which went bankrupt in November 2021. The dispute, born from an inspection of the Revenue Agency, it is 125 thousand euros. On the failure to submit the tax return, the Review writes: “Since the returns had to be submitted by 28 February 2022, the person holding the formal position was burdened with this burden.” And again: «According to the Court, on the basis of the elements acquired, it appears doubtful that the obligation to tax also applies to Polonia as de facto administrator».
VAT evaded
With regard to the amount of VAT evaded, the Review’s examination highlights how the threshold (to trigger the penalty, ed) was deemed to have been passed exclusively on the basis of the inspection by the Revenue Agency which, «not having received accounting documents from the bankruptcy trustee, limited itself to a mere inductive calculation of the difference between sales and purchase invoices found electronically. A verification is necessary that is not merely formal, apparent and reduced to the mere abstract presentation of the crime. In the present case, in addition to the mathematical calculation of the difference between sales and purchase invoices, no investigation, not even minimal, was made on the additional costs, first and foremost on those certainly incurred for the employees for whom the defense produced some pay slips. Verification absolutely necessary taking into account the content exceeding of the punishability threshold. Quite likely, taking these costs into account, the threshold would not be exceeded.”
“I am attacked”
The entrepreneur Polonia, president of the Real Academy, upon hearing the news of the cancellation of the seizure, explains that «the reasons for the measure are clear and timely. I invite the press to inform themselves well before “ridiculing” a person who is first a family man, then a partner and then an entrepreneur and fan of youth football. My children go to school in Lucca; and who knows, maybe they are also school or class or even playmates of the children of those who continue to add fuel to the fire by attacking me. I wonder: what would these people say to their children if they were attacked like this? What would they say to their children if they were suddenly denigrated without certainty and thrown onto the front page? »
Real Academy case
According to Polonia, the affair is «proof of an obstinacy towards me that has no precedent towards any individual here in Lucca. And the whole affair of the investigations by the Guardia di Finanza, which is rightly doing its job, started in September last year, coincidentally following an investigation carried out against the Fcd Real Academy Lucca, coincidentally following the rumor mill media coverage in local newspapers and online, in addition to the various complaints made against me to the Municipality. As the financial police reports also demonstrate, everything starts from that assessment. I don’t think it’s all a coincidence. I should believe then that FcdReal Academy Lucca has stepped on someone’s toes and continues to annoy someone.” The entrepreneur also remembers the vandalism against his car in San Cassiano, with various threats
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