ABS-CBN Broadcasting Corp. Vs. Court of Tax Appeals 108 SCRA 14

ABS-CBN BROADCASTING CORPORATION, petitioner, vs. COURT OF TAX APPEALS and THE COMMISSIONER OF INTERNAL REVENUE, respondents.

G.R. No. L-52306 | 1981-10-12

Legislative approval of administrative interpretation by re-enactment
Commissioner of Internal Revenue is precluded from adopting a position contrary to one previously taken where injustice would result to the taxpayer, Section 246, Tax Code
Rulings or circulars promulgated by the Commissioner of Internal Revenue have prospective (no retroactive) application where applying them would prove prejudicial to taxpayers who relied in good faith on previous issuances of the CIR

D E C I S I O N

MELENCIO-HERRERA, J.:

This is a Petition for Review on Certiorari of the Decision of the Court of Tax Appeals in C.T.A. Case No. 2809, dated November 29, 1979, which affirmed the assessment by the Commissioner of Internal Revenue, dated April 16, 1971, of a deficiency withholding income tax against petitioner, ABS-CBN Broadcasting Corporation, for the years 1965, 1966, 1967 and 1968 in the respective amounts of P75,895.24, P99,239.18, P128,502.00 and P222,260.64, or a total of P525,897.06.

During the period pertinent to this case, petitioner corporation was engaged in the business of telecasting local as well as foreign films...