The Moscow arbitration court postponed on February 6 the regular meeting to verify the validity of the application of the Federal tax service (FTS) of Russia on the bankruptcy of the airline “Kogalymavia”, in which the Federal air transport Agency in spring, restricted operator certificate, the correspondent of RIA Novosti news from the courtroom.
A motion to postpone a hearing on the merits, said a representative of the debtor. He said that “gaining momentum” in terms of refunds of overpaid VAT. In particular, the debtor referred to the three definitions of judicial Board of the Supreme court on economic disputes, which on 19 October decided to pay the carrier more than 28 million rubles of VAT.
Representative FNS has not objected to the postponement. The objection stated by the representative of another creditor of the tour operator “TT-travel”, Russian “daughter” of one of the largest European travel companies TUI. According to him, the repeated postponement of the introduction of the surveillance violates the rights of travel companies, which the carrier needs about 1 billion rubles. He also noted that even the refund of VAT on the Supreme court’s decision will not lead to repayment of the entire debt “Kogalymavia” to the budget, which is estimated at about 150 million rubles.
The representative of the carrier has repeatedly stated in court that “Kogalymavia” intends to pay the debt to the budget and to prevent the introduction in the company of observation. In may, he told the court that, despite the suspension of flights, “Kogalymavia” continues to carry on business, she has “a business associated not only with transportation, but service”. As noted by the representative of the debtor, the income from this activity will allow you to pay off debts to creditors.
In accordance with Russian legislation, the FTS is a Federal Executive authority, empowered to submit to the bankruptcy and in the procedures applied in business about bankruptcy, requirements about payment of obligatory payments to the budget and state extra-budgetary funds, and the requirements of the Russian Federation in monetary obligations.
Rosaviation since March 15, restricted operator certificate “Kogalymavia” on the basis of, as reported by the regulator, the requirements of the air legislation and the conclusions of technical inspection acts, which established discrepancies and failures, especially in the area of financial-economic condition of the carrier that affects the safety of flights. The largest in the history of Russian and Soviet aviation accident occurred October 31, 2015: Airbus A321 “Kogalymavia”, which was flying from Sharm El Sheikh to St Petersburg, crashed in the Sinai. Killing all those on Board 217 passengers and seven crew members. According to the FSB of the Russian Federation, it was a terrorist attack.