Taxpayers' Ultimate Strategy: Winning Corporate Income Tax Appeal Against IDR 1.7 Billion Turnover Correction Due to This Mistake by the DJP

The tax dispute concerning the correction of Business Turnover by the Directorate General of Taxes (DJP) has reached a critical legal clarification, particularly regarding the legality of the examination method. This Tax Court Decision, which fully granted the appeal filed by CV GC establishes an important precedent affirming that fiscal correction must be based on competent evidence and juristically recognized methods, not merely on an analysis of average price comparisons that disregard the business judgement rule. This case centered on a Business Income correction of IDR 1,740,803,148.00 due to a discrepancy where the consolidated retail selling price was recorded lower than the wholesale selling price (e-invoice) for similar handphone products. CV GC argued that the price differential was a reasonable business practice, influenced by cash negotiations and supplier incentives, while the DJP insisted that the significant price disparity indicated unreported income, subsequently using the average VAT DPN price comparison method as the basis for the correction.

The core conflict stemmed from the DJP’s analysis attempting to reconcile (equalize) the Corporate Income Tax Business Turnover with the Output VAT Tax Base (DPN). The DJP found the average DPN of retail sales (consolidated) to be lower than the average DPN of wholesale sales (e-invoices). Logically, in business, retail sales with small volumes should have a higher unit price. The DJP then raised CV GC's turnover to match the average wholesale price, citing Article 12 paragraph (3) of the General Provisions and Tax Procedures Law (UU KUP). However, CV GC submitted a fundamental rebuttal, asserting that retail transactions were cash-based, sensitive to negotiations and large discounts to accelerate liquidity (cash flow), which fundamentally differed from wholesale transactions that were typically credit-based (21-day terms). Furthermore, CV GC claimed the retail selling price was affected by supplier incentives or cashback programs that substantially reduced the selling price to the end consumer.

The Tax Court Panel ruled in favor of CV GC by fully granting the appeal. The Panel’s legal consideration was stringent and focused on the validity of the procedure and method utilized by the DJP. The Panel explicitly stated that the DGT’s testing method—comparing the average VAT DPN of two different types of invoices—did not constitute direct testing as it failed to examine the correctness of each transaction individually. Moreover, this method was also deemed not included in the types of indirect testing stipulated in the examination guidelines (SE-65/PJ/2013). Consequently, the Panel concluded that the DJP’s correction lacked a strong and valid legal basis for proof. The Panel further emphasized that since CV GC had provided adequate primary accounting documents (General Ledger, Bank Statements), the DJP should have employed a more valid and relevant direct testing method. The Panel ultimately accepted CV GC's argument that a reasonable pricing policy, supported by business rationale, is protected by the Business Judgement Rule principle.

The implication of this Decision is highly significant. Firstly, it offers protection to Taxpayers who establish different pricing strategies across distribution channels (retail vs. wholesale), provided it is based on logical and well-documented business reasons. Secondly, this Decision serves as a critical reminder to the DJP that fiscal corrections must be supported by standard and juristically recognized methods of proof, and should not rely on assumptions or superficial average price analysis. The DJP's failure to conduct a cash flow or goods flow test when the documents were available proved to be a fatal weakness. The lesson for Taxpayers is the imperative to maintain the quality of accounting and business documentation, especially concerning price incentives, discounts, and differences in payment schemes, in order to successfully defend their rights in a dispute. The CV GC case effectively nullified the IDR 1,740,803,148.00 Business Turnover correction, restoring the Taxable Income to CV GC's reported figure. This ruling reaffirms that in a burden of proof dispute, the legality and relevance of the testing methods employed by the tax authority are the primary determining factors.

A Comprehensive Analysis and the Tax Court Decision on This Dispute Are Available Here