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CIR vs. Fortune Tobacco Corporation

COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FORTUNE TOBACCO CORPORATION, RESPONDENT.

G.R. No. 180006 | 2011-09-28

SECOND DIVISION
D E C I S I O N

BRION, J.:

Before the Court is a petition for review on certiorari filed under Rule 45 of the Rules of Court by petitioner Commissioner of Internal Revenue (CIR), assailing the decision dated July 12, 2007[1] and the resolution dated October 4, 2007,[2] both issued by the Court of Tax Appeals (CTA) en banc in CTA E.B. No. 228.

BACKGROUND FACTS
 
Under our tax laws, manufacturers of cigarettes are subject to pay excise taxes on their products.  Prior to January 1, 1997, the excises taxes on these products were in the form of ad valorem taxes, pursuant to Section 142 of the 1977 National Internal Revenue...