BIR Ruling

November 22, 1971 1st Indorsement Returned to the Assistant to the Commissioner, his Memorandum dated November 12, 1971 bearing on the payment of certain checks which were not cleared since the bank was closed due to the strike. In this connection, it may be stated that this Office has consistently ruled in similar cases that the taxpayer has paid on time, and therefore, not subject to the payment of surcharge and penalty considering that the check was good when tendered as payment before the bank strike which was beyond his control. However, the taxpayer should be requested to issue again another check, if not cash, in lieu of the cancelled check due to the strike in order that his case may be considered closed and terminated. Very truly yours, MISAEL P. VERA Commissioner of Internal Revenue