Today, 5 October, in the Baku Appellate Court, under the chairmanship of Judge Sarvat Huseynov, a hearing was held on 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.
The tax Ministry Tax Department’s Chief Tax Inspector Jamil Mammadov said that during the audit at “Turan Service” LTD evidence was discovered that proved the expenses of the first quarter of 2007 were not part of annual expenses and the were misrepresented to be less than they really were.
Stating that the audit was conducted illegally, the plaintiff’s lawyer E.Sadigov asked the court to reject the appeal of the opposite party.
Tax Ministry Lawyer Nasib Nabiyev and the representative from the Ministry of Tax Gunay Jafarli said that the initial lawsuit that was submitted to the first instance court did not have the claim for the defendant to pay 2000 AZN, and therefore asked the judge not to fulfill the appeal.
Judge S.Huseynov scheduled the next hearing to declare the decision for 7 October at 11:45 a.m.
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.