BIR Ruling

May 22, 1997 MEMORANDUM FOR: The Commissioner This refers to the decision of the Court of Tax Appeals dated January 16, 1996 in CTA Case No. 4834 entitled "Carnation Philippines, Inc. (now, Nestle Philippines, Inc.) vs. Commissioner of Internal Revenue", the dispositive portion of which reads as follows: LLpr "WHEREFORE, premises considered the petition is hereby GRANTED and the disputed assessment against petitioner for deficiency income and business taxes for the taxable year ending September 30, 1982 are hereby set aside. SO ORDERED." The record shows that the Bureau opted not to appeal the decision as shown in the approved memorandum dated January 30, 1996 of the Litigation and Prosecution Division, hence, the same has already become final and executory as expressly stated in the Writ of Execution dated May 31, 1996. In view of all the foregoing, it is respectfully recommended that the disputed assessment against Carnation Philippines, Inc. (now, Nestle Philippines, Inc.) involving the amounts of P555,747.20 and P17,520,684.52 representing deficiency income and business taxes, respectively, for the taxable year ending September 30, 1982 be cancelled and withdrawn and this case considered closed and terminated. prll Respectfully submitted: (SGD.) RODULFO L. SALAZAR Chief, Appellate Division I CONCUR: (SGD.) SIXTO S. ESQUIVIAS IV OIC, Assistant Commissioner (Legal Service) Recommendation-APPROVED: (SGD.) LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue