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JurisprudenceG.R. No. 187485 -

G.R. No. 187485 - COMMISSIONER OF INTERNAL REVENUE, VS. SAN ROQUE POWER CORPORATION. [G.R. NO. 196113] TAGANITO MINING CORPORATION, VS. COMMISSIONER OF INTERNAL REVENUE. [G.R. NO. 197156] PHILEX MINING CORPORATION, VS. COMMISSIONER OF INTERNAL REVENUE.D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 549RA 197,RA 567RA 1RA 154RA 361RA 8424,RA 219RA 753RA 1125,RA 27RA 39RA 95RA 1211RA 308RA 444,RA 131,RA 521RA 526RA 366
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TL;DR — Ruling

WHEREFORE, [San Roque’s] “Motion for New Trial and/or Reconsideration” is hereby PARTIALLY GRANTED and this Court’s Decision promulgated on March 8, 2006 in the instant case is hereby MODIFIED. Accordingly, [the CIR] is hereby ORDERED to REFUND or in the alternative, to ISSUE A TAX CREDIT CERTIFICATE in favor of [San Roque] in the reduced amount of Four Hundred Eighty Three Million Seven Hundred Ninety Seven Thousand Five Hundred Ninety Nine Pesos and Sixty Five Centavos (P483,797,599.

Decision

Ruling

WHEREFORE, [San Roques] Motion for New Trial and/or Reconsideration is hereby PARTIALLY GRANTED and this Courts Decision promulgated on March 8, 2006 in the instant case is hereby MODIFIED. Accordingly, [the CIR] is hereby ORDERED to REFUND or in the alternative, to ISSUE A TAX CREDIT CERTIFICATE in favor of [San Roque] in the reduced amount of Four Hundred Eighty Three Million Seven Hundred Ninety Seven Thousand Five Hundred Ninety Nine Pesos and Sixty Five Centavos (P483,797,599.65) representing unutilized input VAT on purchases of capital goods and services for the taxable year 2001. SO ORDERED.