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Fort Bonifacio Development Corp. Vs. Commissioner of Internal Revenue, et al. [CONCURRING OPINION, J. YNARES-SANTIAGO]

FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, versus COMMISSIONER OF INTERNAL REVENUE, REGIONAL DIRECTOR, REVENUE REGION NO. 8, and CHIEF, ASSESSMENT DIVISION, REVENUE REGION NO. 8, BIR, Respondents. [CONCURRING OPINION, J. YNARES-SANTIAGO]

G.R. No. 158885 | 2009-04-02

CONCURRING OPINION

YNARES-SANTIAGO, J.:


After a careful review of the actual effects of the tax measures involved herein, and with due regard to the intent of the framers of the law and the real benefits thereof on the taxpayer, I vote to grant the herein consolidated petitions.


It is an undisputed fact that when petitioner acquired the lands within the Fort Bonifacio military reservation from the national government, the latter did not have to pay any tax, be it sales or value-added. This notwithstanding, my reading of the applicable tax laws is that petitioner may still claim transitional input tax credit.


Prior to January 1, 1996, sales...