Evidence of Violations of Taxpayers Rights in Tax Investigation in View of Judicial Decisions

The aims of tax audit are checking up the accuracy of the tax that must be paid, fixing and supplying them. With tax analysis, exactitude of taxpayer’s declaration is investigated, determined and obtained. In fact, this situation arises out of its being a process, preparing basis for the imposition transaction that tax department will lay. Eventually, there is not a possibility to file an annulment action against a report to be compiled as a result of tax analysis. Analyses, in principle, will be made at taxpayer’s working place, but if specific conditions occur, it will be made at the investigator’s department. Analyses will be realized by investigators designated in Tax Procedure Law. Investigator will inquire into the real character of the event that brings forth the tax. The burden of determining of real property on taxation procedures belongs to tax administration This situation is, in reality, a result of economical approach principle. Analyses done will be performed on especially on ledgers and documents; apart from that, it will be required to put forth tax assessments and assessment discrepancies found distinctly through evidences that will be obtained from the business firm and outside the business firm. So ıt has been being considered within the rigt of fair trial Protection of taxpayer is a basic requirement for the democratic state of law. Administrative services must obey all the rules of setting an administrative act. The lawmaker and government have to give a lot of importance to protective laws and regulations so as to provide justice and equity in taxation