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Commissioner Of Internal Revenue Vs. Court Of Appeals, Et Al.

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

G.R. No. 106913 | 1994-05-10

D E C I S I O N


DAVIDE, J.:

The petitioner seeks the modification of the 19 February 1992 Decision 1 of the Court of Appeals in CA-G.R. SP No. 20005 2 which affirmed the decision of the Court of Appeals granting the claims of private respondent Atlas Consolidated Mining and Development Corporation (Atlas) for tax refund under Section 5 of R.A. No. 1435. 3

The facts of the case are summarized by the respondent Court of Appeals as follows:

"'It appears that petitioner mining corporation, organized and existing under and by virtue of the laws of the Philippines, operates a concession in Toledo City, Cebu. It actually used and/or consumed...