BIR Ruling [DA-295-97]
BIR Ruling [DA-295-97] • Bureau of Internal Revenue (BIR) Issuances • Rulings (Unnumbered) • Aug 29, 1997
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August 29, 1997 BIR RULING [DA-295-97] Fortune Tobacco Corporation Parang, Marikina Metro Manila Attention: Mr. Roxas Chua SVP-Finance Gentlemen: In connection with your letter dated June 10, 1997 requesting for withdrawal of our assessment in the total amount of P1,828,358.25, representing deficiency specific tax, inclusive of increments, as stated in the letter to you dated May 15, 1997 by Revenue District Officer Oscar I. Sevilla of our RDO No. 45, Revenue Region No. 7, citing the decision of the Court of Tax Appeals in CTA Case No. 4616 entitled 'Fortune Tobacco Corporation vs. Commissioner of Internal Revenue' where it was held that stemmed leaf tobacco imported and locally purchased is subject to specific tax imposed under Sec. 141 and not Sec. 137 of the Tax Code, please be informed that we cannot grant your request for reconsideration and withdrawal on the ground that the said decision is subjudice, the same being on appeal before the Court of Appeals, C.A.-G.R. SP No. 40313, entitled 'Commissioner of Internal Revenue vs. Fortune Tobacco Corporation.' Very truly yours, (SGD.) LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue
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