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Song Kiat Chocolate Factory Vs. Central Bank Of The Phil.

SONG KIAT CHOCOLATE FACTORY, plaintiff-appellant, vs. CENTRAL BANK OF THE PHILIPPINES and VICENTE GELLA, in his capacity as Treasurer of the Philippines, defendants-appellees.

G.R. No. L-8888 | 1957-11-29

D E C I S I O N


BENGZON, J.:

The question in this appeal is whether cocoa beans may be considered as "chocolate" for the purposes of exemption from the foreign exchange tax imposed by Republic Act No. 601 as amended.

During the period from January 8, 1953 to October 9, 1953, the plaintiff-appellant imported sun-dried cocoa beans for which it paid the foreign exchange tax of 17 per cent totalling P74,671.04. Claiming exemption from said tax under section 2 of same Act, it sued the Central Bank that had exacted payment; and in its amended complaint it included the Treasurer of the Philippines. The suit was filed in the Manila Court of...