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San Carlos Milling vs. Commissioner of Internal Revenue

SAN CARLOS MILLING, CO., INCORPORATED, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE and COURT OF APPEALS, respondents.

G.R. No. 103379 | 1993-11-23

D E C I S I O N
 
PADILLA, J.:
 
Assailed in this petition for review on certiorari is the decision ** of the Court of Appeals in CA-G.R. Sp No. 22346, dated 23 September 1991, the dispositive part of which reads:

"WHEREFORE, in view of the foregoing consideration, the petition is hereby DISMISSED, without pronouncement as to costs." 1

The undisputed facts, as succinctly stated by the Court of Tax Appeals and adopted by the Court of Appeals in its decision under review, are as follows:
 
"Petitioner domestic corporation had for the taxable year 1982 a total income tax overpayment of P781,393.00 reflected as a...