09 July 2012, 22:30
Azerbaijan suspends investigation into case against Avaz Zeinalov accused of tax evasion
In Azerbaijan, criminal proceedings against Avaz Zeinalov, the editor-in-chief of the newspaper "Khural", accused of tax evasion, were suspended.
The field audit of February 22, conducted by the Tax Audit Department of the Ministry of Taxes, revealed that Avaz Zeinalov, as the editor-in-chief, evaded taxes in the amount of 7251 manats (about 8773 US dollars).
However, the journalist has rejected the claims of the fiscal authorities and filed an appeal against them to the Baku Economic and Administrative Court No. 2.
In their turn, officials from the Tax Audit Department appealed for dismissal of the complaint, filed by Avaz Zeinalov, in connection with the criminal charges against him at the Baku Court of Serious Crimes.
According to Elchin Sadygov, the journalist's lawyer, on July 9, Miminat Gadjibekova, Judge of the Baku Economic and Administrative Court No. 2, rejected the motion of the Tax Audit Department. Her decision points out to the absence of reasons for the termination of administrative proceedings on the complaint, filed by Avaz Zeinalov, "since the stage of the administrative investigation revealed no facts, causing suspicion of committing criminal acts."
Besides, according to the lawyer, the Judge's decision points out to the lack of connection between the claims of the tax authorities and other criminal charges against Avaz Zeinalov.
At present, according to the lawyer Elchin Sadygov, the Baku Court of Serious Crimes will dismiss charges of tax evasion in the criminal case against Avaz Zeinalov.
"The accusation of tax evasion, filed against Avaz Zeinalov, will be further investigated within the framework of administrative proceedings. We will insist on the cancellation of the results of the tax audit, since there is no fact of an administrative offence there. The law was violated by the tax officials, who calculated taxes improperly. They considered income of the newspaper, not taking into account the cost of printing and distribution," Elchin Sadygov said. Besides, according to the lawyer, taxes were calculated for the general circulation and not for the sold copies.
He has emphasized that the Baku Economic and Administrative Court No. 2 will continue to review the case after the Tax Audit Department presents its formal response to the complaint, filed by Avaz Zeinalov. "The Judge warned the tax agency about the need to present an explanation in connection with the complaint within 5 days," Elchin Sadygov said.
No comments from the press service of the Ministry of Taxes on the complaint, filed by Avaz Zeinalov, are available.
Author: Faik Medzhid Source: CK correspondent