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CIR vs. CA [SEPARATE OPINION, CONCURRING, BELLOSILLO, J.]

COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. HON. COURT OF APPEALS, HON. COURT OF TAX APPEALS and FORTUNE TOBACCO CORPORATION, respondents.

G.R. No. 119761 | 1996-08-29

SEPARATE OPINION

BELLOSILLO, J.:

RA 7654 was enacted by Congress on 10 June 1993, signed into law by the President on 14 June 1993, and took effect 3 July 1993. It amended partly Sec. 142, par. (c), of the National Internal Revenue Code (NIRC) to read -

 
SEC. 142. Cigars and cigarettes. - x x x (c) Cigarettes packed by machine. - There shall be levied , assessed and collected on cigarettes packed by machine a tax at the rates prescribed below based on the constructive manufacturer's wholesale price or the actual manufacturer's wholesale price, whichever is higher:
 
(1) On locally manufactured cigarettes...