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Commissioner of Internal Revenue vs. Fortune Tobacco Corporation

COMMISSIONER OF INTERNAL REVENUE, Petitioner, versus FORTUNE TOBACCO CORPORATION,Respondent.

G.R. No. 167274-75 | 2008-07-21

D E C I S I O N

Tinga, J.:

Simple and uncomplicated is the central issue involved, yet whopping is the amount at stake in this case.

After much wrangling in the Court of Tax Appeals (CTA) and the Court of Appeals, Fortune Tobacco Corporation (Fortune Tobacco) was granted a tax refund or tax credit representing specific taxes erroneously collected from its tobacco products. The tax refund is being re-claimed by the Commissioner of Internal Revenue (Commissioner) in this petition.

The following undisputed facts, summarized by the Court of Appeals, are quoted in the assailed Decision[1] dated 28 September 2004:

CAG.R. SP No. 80675

x x x x

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