Back

Cebu Portland Cement Company vs. Collector (Now Commissioner) Of Internal Revenue

CEBU PORTLAND CEMENT COMPANY, petitioner, vs. COLLECTOR (NOW COMMISSIONER) OF INTERNAL REVENUE, respondent.

G.R. No. L-20563 | 1968-10-29

D E C I S I O N 


ANGELES, J.: 

This case involves petitioner's claim for refund of P458,741.45 sales tax paid from November 1, 1954 to March, 1955, and P427,552.95 ad valorem tax paid from April, 1955 to September 30, 1956 from the sale of APO Portland cement produced by the petitioner. 

Prior to the effectivity of Republic Act No. 1299 on June 16, 1955, 1 the petitioner had been paying the sales tax (known also as percentage tax) of APO portland cement produced by it, 2 computed at 7% of the gross selling price inclusive of the cost of the bag containers of cement and the gypsum 3 used in the manufacture of said product....