Title
Waiver of Progressive Tax for Central Santos-Lopez Co.
Law
Executive Order No. 444
Decision Date
Jun 5, 1951
Executive Order No. 444 waives the additional progressive tax for the Central Santos-Lopez Co., Inc. for the 1949-1950 crop, acknowledging the company's difficult financial situation and setting a precedent for future cases seeking relief from taxes in similar circumstances.
A

Legal basis and tax authority

  • Executive Order No. 444 is issued by the President under the powers vested in him by law.
  • The waived tax is the additional progressive tax payable under Section 2 of Commonwealth Act No. 567.

Purpose for the waiver

  • The waiver is premised on findings that Central Santos-Lopez Co., Inc. is heavily indebted and operates on borrowed capital used for rehabilitation.
  • The waiver is also premised on findings that its district’s total sugar allotment was not fully covered due to conditions and circumstances beyond its control.
  • The waiver is justified by a finding that during crop year 1949-1950, the central produced only 39 per cent of its total quota allotment.
  • The Order declares that imposing the progressive tax for crop year 1949-1950 would be oppressive and confiscatory.

Scope of the tax waiver

  • The waiver applies to Central Santos-Lopez Co., Inc.
  • The waiver covers the additional progressive tax for crop year 1949-1950.
  • The waived tax is the additional progressive tax payable under Section 2 of Commonwealth Act No. 567.

Operative tax consequence

  • The President waives the additional progressive tax obligation of Central Santos-Lopez Co., Inc. for crop year 1949-1950.
  • The waiver is expressly limited to the crop year 1949-1950.

Procedural or implementing rules

  • Executive Order No. 444 is based on a petition of Central Santos-Lopez Co., Inc. for waiver of the progressive tax.
  • The Order reflects consideration and findings made upon review of the petition for the tax year specified.

Penalties, separability, repeal, sunset

  • Executive Order No. 444 provides no penalty, sanction, separability clause, repeal clause, or sunset provision.

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