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Comm Of Internal Rev vs Cebu Portland Cement Co eta 156 SCRA 535

COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. CEBU PORTLAND CEMENT COMPANY and COURT OF TAX APPEALS, respondents.

G.R. No. L-29059 | 1987-12-15

D E C I S I O N


CRUZ, J.:

By virtue of a decision of the Court of Tax Appeals rendered on June 21, 1961, as modified on appeal by the Supreme Court on February 27, 1965, the Commissioner of Internal Revenue was ordered to refund to the Cebu Portland Cement Company the amount of P359,408.98, representing overpayments of ad valorem taxes on cement produced and sold by it after October 1957. 1

On March 28, 1968, following denial of motions for reconsideration filed by both the petitioner and the private respondent, the latter moved for a writ of execution to enforce the said judgment. 2

The motion was opposed by the petitioner on the ground that...