2014 Case Digest: CBK Power Company Limited v. CIR
CBK POWER COMPANY LIMITED, Petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, Respondent. G.R. Nos. 193383-84 January 14, 2015 PONENTE: Perlas-Bernabe TOPIC: Tax treaty, ITAD ruling, tax refund FACTS: CBK Power is a limited partnership duly organized and existing under the laws of the Philippines, and primarily engaged in the development and operation of […]
Case Digest: Team Energy Corporation vs CIR
TEAM ENERGY CORPORATION (Formerly MIRANT PAGBILAO CORPORATION), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. G.R. No. 197760 January 13, 2014 PONENTE: Peralta FACTS: Team Energy Corporation is principally engaged in the business of power generation and subsequent sale thereof to the National Power Corporation (NPC) under a Build, Operate, Transfer (BOT) scheme. […]
Case Digest: INTERNATIONAL EXCHANGE BANK v . COMMISSIONER OF INTERNAL REVENUE
INTERNATIONAL EXCHANGE BANK v . COMMISSIONER OF INTERNAL REVENUE To claim that time deposits evidenced by passbooks should not be subject to documentary stamp tax is a clear evasion of the rule on equality and uniformity in taxation that requires the imposition of documentary stamp tax on documents evidencing transactions of the same kind, in […]
Case Digest: COMMISSIONER OF INTERAL REVENUE v. MANILA ELECTRIC COMPANY
COMMISSIONER OF INTERAL REVENUE v. MANILA ELECTRIC COMPANY The factual findings of the Court of Tax Appeals, when supported by substantial evidence, will not be disturbed on appeal, unless it is shown that it committed gross error in the appreciation of facts, which did not happen in this case. Manila Electric Company (Meralco) filed its […]
Case Digest: COMMISSIONER OF INTERNAL REVENUE v . PHILIPPINE GLOBAL COMMUNICATIONS, INC. 499 SCRA 53 (2006)
COMMISSIONER OF INTERNAL REVENUE v . PHILIPPINE GLOBAL COMMUNICATIONS, INC. The wordings of the Temporary Restraining Order suspended the implementation of the E-VAT law in its entirety, but not the collection of 10% VAT on service under the National Internal Revenue Code. By reason of a legislative franchise, Respondent Philippine Global Communications, Inc. (PGCI) constructs, […]
Case Digest: AB LEASING AND FINANCE CORPORATION v. COMMISSION ON INTERNAL REVENUE 405 SCRA 380 (2003)
AB LEASING AND FINANCE CORPORATION v. COMMISSION ON INTERNAL REVENUE 405 SCRA 380 (2003) A corporation that is entitled to a refund of the excess estimated quarterly income taxes paid may be credited against the estimated quarterly income tax liabilities for the taxable quarters of the succeeding year. In the year 1993, Petitioner AB Leasing […]
Case Digest: COMMISSIONER OF INTERNAL REVENUE v. MANILA MINING CORPORATION 468 SCRA 571 (2005)
COMMISSIONER OF INTERNAL REVENUE v. MANILA MINING CORPORATION 468 SCRA 571 (2005) For a judicial claim for refund to prosper, the party must not only prove that it is a VAT registered entity, it must substantiate the input VAT paid by purchase invoices or official receipts. Respondent Manila Mining Corporation (MMC), a VAT-registered enterprise, filed […]
