On Tuesday, July 12, 2011, Bananera case was presented to the chamber of tax litigation. The requisition seeks to demonstrate the illegitimacy of the assessment given by the SRI (Internal Revenue Service) to the company for its fiscal year 2005.
However, the case has not passed to the next instance. “The secretariat (of the room) was supposed to dispatch on Wednesday or Thursday the documents to the temporary judges appointed and responsible of this trial (…) but the chairman of the Board (José Swin) shows himself reluctant to replace this person”.
According to Alarcón, the temporary judges of the room should have received the process on July 13. However, since July 14 the Secretary of the facility has not come to her office because she is sick, reported Swin.
“We asked him to name another person to replace her because the case cannot be abandoned. Swin has told us that the secretary will dispatch the process tomorrow, as soon as she returns to her duties. Otherwise, he will have to wait five days in order to appoint a replacement because the law allows him to appoint a replacement when an employee is absent for a five days period time.”
Alarcon said the requisition presented by Bananera Noboa is based on the “lack of impartiality shown by the room. The Internal Revenue Service has taken this room (…) after Dr. Vicente Troya passed the case to Dr. Javier Cordero.” (FO)