Finance Secretariat seals fuel pumps at Dutra Highway station

By ETCO
30/05/2012

Source: Finance Department - SP (São Paulo - SP) - 23/05/2012

The São Paulo Finance Department, through the De Olho na Bomba operation, sealed the fuel pumps of Auto Posto Presidente Gasolina e Lubrificantes Ltda., Located at km 23 of Rodovia Presidente Dutra, in Guarulhos, on the morning of 5/222. The establishment had its state registration canceled for commercialization of adulterated fuel.

The operation was carried out by a team composed of six income tax agents from the Guarulhos Regional Tax Office (DRT-13). Auto Posto Presidente Gasolina e Lubrificantes Ltda. had been the target of Operation De Olho na Bomba on 11/4/2006, when fuel samples were collected at the establishment. At the time, the material was sent to the Technological Research Institute (IPT) of the State of São Paulo, which found that the ethanol sold was not in conformity with the specifications established by the National Petroleum Agency.

The establishment had its state registration revoked on 3/3/2007, but operated with a court injunction. The Secretariat of Finance and the Public Ministry revoked the injunction, reestablishing the effects of the revocation of the state registration of Auto Posto Presidente Gasolina e Lubrificantes Ltda.

Pump Eye Operation

State registrations for 939 service stations have been canceled throughout the State of São Paulo since the beginning of the operation in 2005. The São Paulo State Tax Authority has the authority to cancel the effectiveness of the state registration of these establishments in order to prevent the sale of adulterated fuel and tax evasion. This permission is supported by Law 11.929, of April 12, 2005, regulated by Ordinances CAT 28, 32, 61 and 74/05.

Inspection consists of checking pumps, checking the establishment's registration data and collecting samples of the commercialized fuel, which are sent to the State University of Campinas (Unicamp) for analysis. Fuel stations, distributors and carriers are subject to inspection.

In the event of an infraction, the stations are prevented from functioning and have sealed tanks containing fuel, in addition to their respective supply pumps. According to the law, the partners (individuals or legal entities) of the establishment are prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

The state legislation provides for the revocation of the state registration of stations, distributors and transporters caught with fuel out of specifications, in addition to fines from the Treasury Department, for tax evasion, and Procon, for injury to the Consumer Protection Code, and opening of police investigation, in which the owners respond to civil and criminal cases.

The complete list of canceled gas stations can be consulted on the website of the Secretariat of Finance (www.fazenda.sp.gov.br). Just access the option “Consultation of canceled stations”. To report a post suspected of selling adulterated fuel, the taxpayer can call the Secretariat's Ombudsman at (11) 3243-3676 and (11) 3243-3683 or send an email to ombudsman@fazenda.sp.gov.br.