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ATLAS Consolidated Mining and Devt Corp vs. CIR, et al.

ATLAS CONSOLIDATED MINING AND DEVELOPMENT CORPORATION, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, COURT OF TAX APPEALS and COURT OF APPEALS, respondents.

G.R. No. 119786 | 1998-09-22

D E C I S I O N
 
PANGANIBAN, J.:
 
In Davao Gulf Lumber Corporation v. Commissioner of Internal Revenue and Court of Appeals,[1] the Court en banc unequivocally held that the tax refund under Republic Act No. 1435 is computed on the basis of the specific tax deemed paid under Sections 1 and 2 thereof, not on the increased rates actually paid under the 1977 NIRC. We adhere to such ruling.
 
The Case

Petitioner challenges, under Rule 45 of the Rules of Court, the March 30, 1995 Decision of the Court of Appeals[2] in CA-GR SP No. 34081, which affirmed the December 24, 1991 Decision[3] of the Court of Tax Appeals (CTA), which in turn...