The Supreme Court of Justice of the Nation (SCJN) rejected the admission of an injunction promoted by Grupo Elektra, owned by businessman Ricardo Salinas Pliego, against the payment of a tax credit determined at 33,000 million pesos in favor of the Tax Administration Service (SAT).
By unanimous vote, the new integration of the Court approved the project of Minister Arístides Guerrero García that agrees with the SAT and rejects the protection of Grupo Elektra.
With this, the SCJN determined that the claim of the Ministry of Finance and Public Credit is founded, and therefore, the ruling establishing that Elektra must pay 33,306 million 476,349 pesos is final.
Elektra’s debt, the largest that Salinas Pliego has under discussion in Court, is for not paying the Income Tax (ISR), as well as for fines, surcharges and updates thereof.
Prior to the discussion, the SCJN authorized Minister Lenia Batres to vote on the tax matters of Ricardo Salinas Pliego’s companies when the previous integration of the Court had resolved that Batres could not vote in cases involving the businessman because his impartiality was in doubt due to expressions he published on social networks between 2020 and 2021.
For this reason, at the time, Minister Batres was left out of the vote on one of Elektra’s resources, as well as a personal protection by Salinas Pliego against an investigation by the Financial Intelligence Unit (UIF) into her bank accounts.
But this Thursday, the SCJN declared the impediment against Batres to vote on Elektra’s tax debt unfounded.
“The expressions attributed to Minister Batres predate not only the beginning of her functions as Minister, but also the moment in which the matter came to the attention of this Constitutional Court. Consequently, there is no objective element that allows linking said manifestations with the exercise of her jurisdictional function or with the processing of this amparo trial,” according to the ruling.
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