Title
Supreme Court
Commissioner of Internal Revenue vs. San Miguel Corp.
Case
G.R. No. 205045
Decision Date
Jan 25, 2017
BIR reclassified "San Mig Light" as a variant, demanding higher excise taxes; SC ruled it a new brand, invalidated assessments, and granted SMC refunds.

Case Digest (G.R. No. 205045)
Expanded Legal Reasoning Model

Facts:

  • Parties and Consolidation
    • Commissioner of Internal Revenue (CIR) vs. San Miguel Corporation (SMC).
    • Consolidated Supreme Court petitions: G.R. Nos. 205045 & 205723, challenging CTA En Banc decisions on refund claims and deficiency assessments in CTA Cases No. 7052, 7053, 7405, and 7708.
  • Registration and Early Classification of “San Mig Light”
    • Oct. 19, 1999: SMC requested BIR to register “San Mig Light” for manufacture, taxed at ₱12.15/L as a new brand. Oct. 27, 1999: BIR granted registration for internal-revenue purposes.
    • Nov. 3, 1999 & Feb. 7, 2002: SMC advised suggested net retail price ₱21.15/L; BIR confirmed classification as a new brand (medium-priced at ₱9.15/L).
  • Notice of Discrepancy and Assessments
    • May 28, 2002: BIR issued Notice of Discrepancy reclassifying “San Mig Light” as a variant of existing brands, imposing higher rate (₱19.91/L for 1999 plus increments); demanded ₱824.75 million deficiency.
    • Jan.–May 2004: Series of Preliminary Assessment Notices (PANs), Notices of Discrepancy, Formal Letters of Demand, and Final Assessment Notices (FANs) for deficiency taxes totaling approx. ₱906.9 million. SMC filed protests.
  • Court of Tax Appeals Proceedings and Refund Claims
    • Sept. 2004: SMC filed CTA Cases 7052 & 7053 to contest FANs; paid excise tax at ₱13.61/L from Feb. 1, 2004 under protest.
    • Dec. 28, 2005: SMC filed first refund claim (₱782.24 million for Feb. 2, 2004–Nov. 30, 2005); Jan. 31, 2006: CTA Case 7405 filed; later consolidated with 7052 & 7053.
    • Oct. 18, 2011: CTA First Division granted 7052/7053 and partially 7405, ordering refund/credit of ₱781.51 million. Oct. 24, 2012: CTA En Banc affirmed.
    • Aug. 30, 2007: SMC filed second refund claim (₱926.39 million for Dec. 1, 2005–Jul. 31, 2007); CTA Case 7708 filed Nov. 27, 2007. Jan. 7, 2011: CTA Third Division partially granted, ordering ₱926.17 million refund/credit. Sept. 20, 2012: CTA En Banc affirmed.

Issues:

  • Discovery and Production of Documents
    • May a Rule 27 motion for production of documents be filed after trial court judgment?
    • Did the CIR show “good cause” and satisfy Rule 27 requisites?
  • Classification of “San Mig Light” Under Sec. 143, NIRC
    • Is “San Mig Light” a new brand or a variant of “San Miguel Pale Pilsen”?
    • Does the “classification freeze” in Republic Act No. 9334 bar BIR reclassification of brands introduced Jan. 1, 1997–Dec. 31, 2003 except by act of Congress?
    • Are the deficiency assessments based on BIR’s reclassification valid?
  • Entitlement to Refund
    • Is SMC entitled to refund or tax credit certificates for excise taxes (₱781.51 million for Feb. 2, 2004–Nov. 30, 2005; ₱926.17 million for Dec. 1, 2005–Jul. 31, 2007) under Sections 229 & 204, NIRC?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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