Académique Documents
Professionnel Documents
Culture Documents
11. Tolentino v. Secretary of Finance, 235 SCRA 630; 249 SCRA 628
Chamber of Real Estate and Builder’s Association, Inc. (CREBA) which specifically
assails the 10% value-added tax on the gross selling price of real properties, fails to
distinguish between a sale of real properties primarily held for sale to customers or held
for lease in the ordinary course of trade or business and isolated sales by individual real
property owners (Sec. 103[s]).
15. Taganito Mining v. CIR, CTA Case 4702, April 28, 1995
Taganito,a mining corporation, filed an application for refund of its excess input VAT
paid on its domestic purchases of taxable goods and services and importation of goods
(P4,447,651.32), CIR alleged that it filed its case prematurely.
The general rule is that the 120+30 day period is mandatory and jurisdictional from the
effectivity of the 1997 NIRC on January 1, 1998, up to the present. As an exception,
judicial claims filed from December 10, 2003 to October 6, 2010 need not wait for the
exhaustion of the 120-day period. Hence, Taganito timely filed their refund.
This is a case petition by Sen. Wigberto Tanada, together with other lawmakers,
taxpayers, and various NGO’s to nullify the Philippine ratification of the World Trade
Organization (WTO) Agreement.
By theirinherent nature, treaties really limit or restrict the absoluteness of sovereignty. By
their voluntary act, nations may surrender some aspects of their state power in exchange
for greater benefits granted by or derived from a convention or pact. After all, states, like
individuals, live with coequals, and in pursuit of mutually covenanted objectives and
benefits, they also commonly agree to limit the exercise of their otherwise absolute
rights.
The petitioner also forgets that it is not the NDC that is being taxed. The tax was due on
the interests earned by the Japanese shipbuilders. It was the income of these companies
and not the Republic of the Philippines that was subject to the tax the NDC did not
withhold. In effect, therefore, the imposition of the deficiency taxes on the NDC is a
penalty for its failure to withhold the same from the Japanese shipbuilders. Such liability
is imposed by Section 53(c) of the Tax Code.