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Commissioner of Internal Revenue vs. Philippine Associated Smelting and Refining Corporation

COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. PHILIPPINE ASSOCIATED SMELTING AND REFINING CORPORATION, RESPONDENT.

G.R. No. 186223 | 2014-10-01

THIRD DIVISION

R E S O L U T I O N

REYES, J.:

The instant petition filed under Rule 45 of the Revised Rules of Court seeks to reverse and set aside the Court of Tax Appeals (CTA) En Bane Decision1 dated November 12, 2008 in CTA E.B. Case No. 351 (CTA Case No. 7565) entitled "Philippine Associated Smelting and Refining Corporation v. The Honourable Commissioner of Internal Revenue" which ruled that respondent is a PEZA-registered enterprise and enjoys tax exemption privilege; hence, it is exempt from paying the excise tax on petroleum products in issue and entitled to seek a refund thereof. The Resolution2 dated January 30,...