CTA Case No. 2454 (Decision)
I . REPURi,JC OF THE PHILlP:Pl~ES COURT OF TAX APPEALS QUEZON CITY CAr TILAN LUNBER COlviPANY, Petitioner , - versus - C. T. A. C SE NO . 2454 THE COW1ISSIONER OF I NTERNAL REVENDE , Respondent . X- - - - - - - - - - - - - X This is an ap pe al from the decision of res- ponde n t dat ed cto ber 22 , 1972 denying petitioner ' s request to s et aside the assessment in the amount of ~2 1, 02 6 . 26 as de fici ency income tax for the year 1968 . Petitioner i s a corporation dul y or g.anized and exist ing by virtue of the laws of the Philippines . It files its income tax returns on the fiscal year basis , its taxable year commencing November 1 and ending October 31 of the f ollowing year . For the fiscal ye ar 1967- 68 (November 1 , 1967 to October 31 , 1968) , p e titi~ne r computed its income tax on the basis of the old rates of 22% and 307'~ , as pres- cribe d in Section 24 of the Revenue Code , pr ior to it s amendment by Rep ublic Act 543 1 which provides that the Uprovisions of thi s Ac t shall apply to in- come for taxable ye a rs beginning after June 30 , 1968 . n Hm.veve r, respondent computed the inc ome tax of petitioner based on the new rat es with re spe ct
DECISION CTA CASE NO . 2454 to i t s income earned from July 1 , 1968 to October - 31 , 1963 . As a result , res pondent assessed against petitioner a deficiepcy income tax of ~21 , 026 . 26 inclusive of interest . Thi s was protested but was denied by respondent in his decision dated October 2, 1972 . Hence , this appeal . The sole issue in this case is purely one of law, i . e ., whether or not the increased rates of corporate income tax of 25~!.1- 35% tax prescribed in Republic Act No . 5431 should apply to petitioner ' s income received from July 1 , 1968 to October 31 , 1968 . As the taxable year of petitioner begins on November 1 , the beginning of its taxable year after June 30 , 1968 , is November 1 , 1968 and not July 1 , 1968 . Accordingly , it was error for respondent to apply the nevi corporate income tax rates on the income of petitioner beginning July 1 , 1968 . (See Ivlanila Times Publishing Co ., Inc . vs . Comm . of Int . Rev ., C. T. A. Case No . 2263 , December 17 , 1973, cert . denied in G.R. No . 1- 38154 , Nay 10 , 1974 ; Philippine Match Co . , Ltd . vs . The Comm . of Int . Rev . , C. T. Ao Case No . 2422 , February 19 , 1975 , and cases cited therein . ) \VHEREFORE, the decision appealed from is hereby reversed . No pronouncement as to costs .
. :. I DEC ISION - CT CASE O. 2454 3 SO ORDERED . uezon City , October 1 , 1975 ~----., RO!v'Jl N . Uti LI Pr esiding Judg e vJE CONCU ~-It-- ' I ~EO IJ" L . VANCEN Associate Judge.
More in CTA Decisions
- PEOPLE OF THE PHILIPPINES v. RASHDI CAMLIAN SAKALURAN (No. 485 U.N. Avenue, Ermita, Manila)[Consolidated with CTA Crim. Case Nos. O-412, O-413 & O-414](CTA Case No. O-411)
- Commissioner of Internal Revenue v. San Miguel Brewery Inc.(CTA Case No. EB 2834)
- MILLENNIUM BUSINESS SERVICES, INC. v. COMMISSIONER OF INTERNAL REVENUE(CTA Case No. 7441)
- MACARIO LIM GAW, JR. v. COMMISSIONER OF INTERNAL REVENUE(CTA Case No. 8502)
- 7107 ISLANDS SHIPPING CORPORATION v. SECRETARY OF FINANCE(CTA Case No. 7955)
- MISAMIS ORIENTAL RURAL ELECTRIC SERVICE COOPERATIVE I, INC (MORESCO-I), v. COMMISSIONER OF INTERNAL REVENUE(CTA Case No. 10206)
- AIR PHILIPPINES CORPORATION (APC) v. COMMISSIONER OF INTERNAL REVENUE & COMMISSIONER OF CUSTOMS. (Consolidated with CTA Case No. 7990 & 8020)(CTA Case No. 7966)
- CTA Case No. 1266 (Decision)(CTA Case No. 1266)
Want an analysis of this document?
Ask ASG Legal AI to summarize it, compare it with other rulings, or explain how it applies to your situation — it researches from this same library.