Unnumbered BIR Ruling

April 29, 1998 R.A. Petines, Inc. 52 Times St., Q.C. Attention: Mr . Romulo A . Petines President Gentlemen : In connection with your letter dated July 12, 1993, which was received by this Office on July 14, 1993, requesting cancellation and withdrawal of the deficiency assessment issued to you involving the amount of P435,112.99 as deficiency income tax for 1987, we regret to inform you that your said request cannot be granted for lack of legal basis. LLphil Records of the case disclosed that you filed your undated protest against the 1987 deficiency income tax assessment issued to you on August 16, 1991 under Assessment No. FAN-1-87-91-002415 only on April 29, 1993, which is way beyond the 30-day prescriptive period within which to appeal, as provided under Section 229 of the Tax Code, as implemented by Revenue Regulations No. 12-85 and, therefore, the said assessment has become final and executory. Section 229 of the Tax Code provides, thus: "Protesting of Assessment . . . such assessment may be protested administratively by filing a request for reconsideration or reinvestigation in such form and manner as may be prescribed by implementing regulations within thirty (30) days from receipt of the assessment; otherwise the assessment shall become final and unappealable." Revenue Regulations No. 12-85 "Sec. 7. When to file Protest . A protest must be filed within thirty (30) days from receipt of the assessment." "Sec. 9. Finality of Assessments . If a taxpayer who receives an assessment from the Bureau of Internal Revenue fails to file a protest within the period prescribed in Section 7 of these Regulations, the said assessments shall become final and unappealable and the taxpayer is thereby precluded from disputing the assessment." In view of all the foregoing facts, jurisprudence and revenue regulations, it is hereby requested that you pay the above deficiency income tax, plus the increments that had accrued thereon, to the Revenue District Office No. 39, Quezon City, South, within fifteen (15) days from your receipt hereof, so that this case will be considered closed and terminated. cdta Very truly yours, (SGD.) LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue