Title
Tan Kim Kee vs. Court of Tax Appeals
Case
G.R. No. L-18080
Decision Date
Apr 22, 1963
Copra producer Tan Kim Kee sought a tax refund, claiming copra production wasn't "manufacturing" under tax law. Court ruled copra-making constitutes manufacturing, denying refund under Republic Act No. 1612.

Case Summary (G.R. No. L-18080)

Background and Facts

Tan Kim Kee, a producer of copra, contested the denial of his claim for a refund of sales and fixed taxes paid under the National Internal Revenue Code. The petitioner produced copra through two methods: a sun-dried method and a kiln-dried method. In the sun-dried method, coconuts are split, dried, and the meat is removed, while in the kiln-dried method, the nuts are unhusked, split, and dried in a kiln. For the period between August 24, 1956, and December 31, 1956, the petitioner reported gross sales of his copra amounting to ₱17,917.73 and paid sales tax of ₱1,254.24 along with fixed taxes of ₱40.00.

Procedural History

Petitioner filed for a tax refund on September 6, 1957, which was denied. Subsequent requests for reconsideration were also denied. Eventually, the case arrived before the Court of Tax Appeals and was presented based on a stipulation of facts.

Legal Issues Presented

The primary legal issues pertain to the interpretation of Section 188(b) of the Tax Code, as amended by Republic Act No. 1612, particularly whether the processes involved in copra-making constitute "manufacturing" under the definitions provided in the Tax Code. Two errors were ascribed to the Tax Appeals Court: (1) erroneously classifying the drying processes as manufacturing, and (2) neglecting legislative intent to exempt agricultural products from taxation.

Legislative Context

The Tax Code prior to Republic Act No. 1612 allowed exemptions for agricultural products "whether in their original form or not." However, during the period of Republic Act No. 1612, this exemption was narrowed to only agricultural products in their original form, specifically excluding those that underwent manufacturing processes. The repeal of Republic Act No. 1612 by Republic Act No. 1856 restored broader exemptions to include products "whether in their original form or not."

Court's Analysis and Ruling

The Tax Court ruled that the copra-making process involved manufacturing since the coconuts underwent several physical alterations, namely unhusking, splitting, meat removal, and drying. This contravened the intent of the prior statute but aligned with the statutory amendments intended to densely broaden the taxation base. The dissenting opinion posited that the processes performed by the petitioner constituted agricultural labor rather than manufacturing, thus preserving the exemption for copra.

The majority opinion determined that the changes under Republic Act No. 1612 were explicitly intended to restrict the exemption for prod

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