Company objects to request to exhibit accounts in court

San Pedro International Ltd files judicial protest against the VAT Director over request to exhibit its VAT returns.

San Pedro International Ltd filed a judicial protest against the VAT Director after the company was summoned to present its VAT returns, in a case a competitor company Castle Hill Ltd has against the Prime Minister.

The VAT Director called San Pedro International Ltd to take the witness stand on 16 December 2013, however the company argued the information requested is of a sensitive commercial nature and Castle Hill Ltd is a direct competitor of San Pedro International Ltd.

In its judicial protest the company claimed that in order to issue the summons, the VAT Director abused his position when he accessed and processed confidential information related to the company.

San Pedro International Ltd stated the summons will only serve the purpose of the VAT Director who rather than exhibiting evidence in court, used the Department's database to find a competitor company and summoned it to partake in a court case which is unrelated to its operations.

The company argued that should it accede to the VAT Director's  request, it would be handling its profit and loss accounts to its competitors.

San Pedro International Ltd demanded that the VAT Director revokes the summons, while holding him responsible for any ensuing damages.

Lawyers Stefano Filletti, Jennifer Shaw and legal procurator Davina Sullivan signed the judicial protest.

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This lawsuit is interesting, as winning this case might create a precedent whereby companies have a judicial right to secrecy of its accounts.