This case has been cited 1 times or more.
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2005-07-28 |
TINGA, J. |
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| The Decision in G.R. No. 122161 does not narrate the exact arguments raised therein by the Commisisoner, but we can presume that they are similar to what he asserts in his Comment in the instant petition. Here, he argues that the increased rates of specific tax pursuant to the 1977 NIRC cannot apply to CDCP's claim for refund under R.A. No. 1435, as such would run contrary to the doctrine laid down by this Court in CIR v. Rio Tuba Nickel Mining Corp.[9] The Court ruled therein that the basis for the refund should be "the amount deemed paid under Sections 1 and 2 of R.A. No. 1435," or in effect, the rate as prescribed under the 1939 Tax Code.[10] | |||||