Case Summary (G.R. No. 16598)
Background of the Tax Assessment
On October 31, 1965, the Court of Tax Appeals issued a decision (CTA Case No. 1152) modifying a tax assessment against the Philippine Power and Development Co., Inc. The Court ruled that the company was liable to pay a deficiency franchise tax amounting to ₱133,175.52 for the period from October 1, 1955, to June 30, 1960. The Court stipulated that if this amount was not paid within 30 days from the finality of the decision, it would incur a 25% surcharge for delinquency as prescribed by Section 259 of the Revenue Code.
Appeals Process and Joint Manifestation
Both the Commissioner of Internal Revenue and the Philippine Power and Development Co., Inc. appealed the Tax Court's decision, which led to the pending cases before the Supreme Court, recorded as G.R. No. L-25501 and G.R. No. L-25507. On June 14, 1977, the parties jointly filed a manifestation indicating significant developments related to the tax assessment.
Settlement of Tax Liabilities
In the joint manifestation, it was disclosed that the Philippine Power and Development Co., Inc. had taken advantage of Letter of Instructions No. 308, which provided them certain privileges regarding tax liabilities. Subsequently, the Commissioner of Internal Revenue communicated that the company’s proposal to settle its deficiency franchise tax at 15% was raised to 30%, equating to an amount of ₱33,952.66 for full settlement of the outstanding tax obligations.
Application of Tax Credit
Furthermore, the company applied a tax credit of ₱79,229.06 against the adjusted settlement amount of ₱33,952.66. This transaction resulted in the issuance of a Tax Debit Memo dated January 17, 1977, by the Commissioner of Internal Revenue. The application of the tax credit effectively reduced the outstanding tax liability.
Mootness of the Appeals
Due to the application of the tax credit and the subsequent fulfillment of t
...continue readingCase Syllabus (G.R. No. 16598)
Case Background
- The case involves two separate appeals: G.R. No. L-25501 filed by the Commissioner of Internal Revenue and G.R. No. L-25507 filed by the Philippine Power and Development Co., Inc.
- The appeals stem from a decision rendered by the Court of Tax Appeals on October 31, 1965, in CTA Case No. 1152.
- The decision required the Philippine Power and Development Co., Inc. to pay a deficiency franchise tax amounting to P133,175.52 for the period from October 1, 1955, to June 30, 1960.
- It stipulated a 25% surcharge for delinquency if the payment was not made within 30 days of the decision becoming final.
Joint Manifestation and Motion
- On July 14, 1977, both parties and their respective counsels submitted a "Joint Manifestation and Motion" to the court.
- The joint motion included a request for the dismissal of the appeals, asserting that t