问题 问答题

于某受某厂指派在本县范围内收购药材2万公斤,厂方提供了介绍信、营业执照副本。于某收购后未向税务机关纳税。县国家税务局知悉后即作出决定,于某需缴纳税款5000余元。于某不服,认为自己是接受本厂的指派,与该厂是委托关系,其税款应当由厂方缴纳。县国税局未采纳于某的意见,坚持要求于某纳税。
现问:

如果复议审查认定于某与厂方关系系委托代理关系,对此复议机关应如何处理

答案

参考答案: 复议机关可作出如下处理:①确认县国税局决定违法,可责令其重新作出决定;②撤销县国税局决定,可责令其重新作出决定;③直接变更县国税局的决定。
《行政复议法》第28条第1款第(3)项规定,具体行政行为有下列情形之一的,决定撤销、变更或者确认该具体行政行为违法;决定撤销或者确认该具体行政行为违法的,可以责令被申请人在一定期限内重新作出具体行政行为:①主要事实不清、证据不足的;②适用依据错误的;③违反法定程序的;④超越或者滥用职权的;⑤具体行政行为明显不当的。本题之情形,应属于上述第一种情形,即“主要事实不清、证据不足的”,可作出上述处理。

判断题
完形填空
完形填空.
     The only highway to go to work that I had to drive was closed down due to an
accident on the bridge. A truck had hit the bridge and made it__1__for any traffic to
go over it. So in order to get to__2__I had to go a number of miles out of my way.
     Not being that__3__with this road and not knowing__4___all the pot holes in the
road were, I topped a hill and right in my path was a big pot hole. I felt and heard the
familiar sound of a flat tire. I__5__as far to the right as possible and stopped. I tried
several times to change the tire, but__6__.
     There I sat out in the country and no way to__7__with anybody. Just then, I looked
in my rear view mirror and a__8__was pulling out of a pasture behind me. I was__9___
and scared at the same time.
     I was straggling to get the__10__out when this man in the pickup pulled in behind me.
He got out to introduce himself and__11__to help me. When he got the spare out we
discovered that the spare is also__12__. He told me he would take the tire and have it
__13__and call my husband.
     We got the tire fixed__14__he took me back to my car. My husband was there
__15__us when we got back. The kind stranger stayed there and helped my husband
__16__the tire. After they finished we__17__thanked him and offered to pay him for
his__18__.
     I will never forget his words, "Your thanks is__19__enough pay and I just hope if this
ever happens to my wife or daughter someone will be so__20__as to help them. "
( )1.A. busy
( )2.A. school
( )3.A. satisfied
(     )4.A. where
( )5.A. placed
( )6.A. failed
( )7.A. catch up
( )8.A. truck
( )9.A. excited
( )10.A. car
( )11.A. refused
(     )12.A. flat
( )13.A. sold
( )14.A. but
( )15.A. listening to
(     )16.A. break
( )17.A. both
( )18.A. imagination
( )19.A. more than
( )20.A. polite

B. narrow
B. city
B. interested
B. what
B. rode
B. abandoned
B. get in touch
B. pickup
B. relieved
B. wheel
B. offered
B. damaged
B. painted
B. so
B. worrying about
B. change
B. all
B. trouble
B. less than
B. active

C. fearful
C. work
C. identified
C. when
C. pulled
C. passed
C. have to do
C. car
C. determined
C. spare
C. pretended
C. invisible
C. packed
C. and
C. waiting on
C. clean
C. neither
C. diligence
C. rather than
C. kind

D. unsafe
D. shop
D. familiar
D. which
D. managed
D. dropped
D. put up
D. bike
D. nervous
D. trunk
D. promised
D. lost
D. fixed
D. though
D. searching for
D. repair
D. everyone
D. patience
D. better than
D. wise