BIR Ruling [DA-102-96]

March 7, 1996 BIR RULING [DA-102-96] National Power Corporation Agham Road, Diliman Quezon City Attention: Mr . Guido Alfredo A . Delgado President Gentlemen : This refers to your letter dated July 17, 1995 requesting reconsideration of BIR Ruling No. 373-93 in the light of the Supreme Court decision in Maceda V. Macaraig, Jr. (223 SCRA 217 [June 8, 1993]; 197 SCRA 771 [May 31, 1991]), to the effect that your indirect tax exemption privilege is limited only to your importation and/or purchases of petroleum products and not on your purchases of other goods or services. It appears that you did not raise new issues in your request for reconsideration but merely requested for a restatement thereof to provide you with a legal basis of raising the issue to the Supreme Court. In reply, please be informed that while we support your initiative of raising the issue to the Supreme Court for a final settlement as to whether or not your indirect tax exemption covers value added tax and excise tax on your importation or local purchase of goods other than petroleum products and services, we reiterate our original position under the adverted BIR Ruling. Very truly yours, LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue