APPEAL OF “TURAN SERVICE” LTD LEADER NOT FULFILED

October 7th, 2009

Today, 7 October, in the Baku Appellate Court, under the chairmanship of Judge Sarvat Huseynov, a hearing was held for the appeal of both parties against the decision (29 May) of the Baku Economic Court #1 adopted on the lawsuit of “Turan Service” LTD Director Samir Ismayilov against the Baku City Tax Department and the Ministry of Tax.

Plaintiff, “Turan Service” LTD Director Samir Ismayilov and his representative, the employee of the Media Rights Institute Elchin Sadigov, and the lawyer from the Ministry of Tax Nasib Nabiyev and the representative from the Ministry of Tax Gunay Jafarli participated in the hearing on behalf of the defendant.

Judge S. Huseynov adopted a decision not to fulfill the appeal and upheld the decision of first instance court.

The director of “Turan Service,” MMC Samir Ismayılov told IRFS that they will file a cassation complaint against this decision in the Supreme Court.

Turan-Service was seeking an annulment of Baku City Tax Department Summons 0801020031979300 to conduct a mobile tax inspection, Decision 08000100148398 dated 7 July 2008 to conduct a mobile tax inspection, Decision 08001700692341 dated 17 September 2008 to increase the length of a mobile tax inspection, and Act 08000102683297 dated 18 September 2008 on a mobile tax inspection.  Turan-Service also seeks the return of the 972 AZN 54 gepik that was charged to them, 7,000 AZN to be paid to for moral damages, 200 AZN to be paid for court expenses, the placement of new orders on the plaintiff’s bank account in the event that a court decision is issued to cease execution, and a declaration that the removal of money from their bank account is illegal. On 29 May 2009 the Baku Economic Court #1 adopted a decision to fulfill the lawsuit partially.