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[G.R. No. 105014.
PILIPINAS KAO vs. CA
SPECIAL FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated DEC 1 2004.
G.R. No. 105014 (Pilipinas Kao, Inc., vs. Court of Appeals and Board of Investments.)
In a Decision dated
WHEREFORE, the petition is GRANTED. Accordingly, the Decision dated November 26,1991 of respondent court in CA-G.R. SP No. 24979 and its Resolution dated April 8, 1992, denying petitioner's motion for reconsideration, the Board Resolution of respondent Board of Investments (BOI) dated May 10,1990, and its Letters dated August 1, 1990 and March 11, 1991, are hereby SET ASIDE.
Respondent BOI is ordered to grant the tax credits due to petitioner for its registered expanded capacity in the year 1988 and onwards, computed strictly in accordance with Articles 48(c) in relation to 45(c) of P.D. 1789, as amended by P.D. 391, subject only to deductions provided in the cited provisions of the law, and without applying the base figure under the Manual of Operations of respondent BOI.
SO ORDERED. [1] cralaw
The Solicitor General received a copy of the Decision on
On
On
In a subsequent manifestation, the Solicitor General also averred
that the BOI had written numerous requests to the
Department of Finance (DOF) and conducted several
meetings with them together with the petitioner's representatives, to implement
the judgment in this case. Consequently, the CENTER Executive Committee, on P77,862,019.00) as tax credit due to the petitioner and endorsed
the same to the CENTER. The CENTER Executive Committee then adopted Resolution
No. 246-29-2004 dated
RESOLVED, as it is hereby resolved that the Executive Committee
approves the release of the tax credit for Net Local Content and Net Value
earned amounting to P77,862,019.00 to Pilipinas
Kao, Inc. (PKI) subject to approval of the Secretary
of the Department of Finance;
RESOLVED FURTHER that from the aforesaid amount, P2,149,618.00
shall automatically be deducted as repayment of fees and duties waived on
capital equipment importation under E.O. 1045. The
said deduction shall accordingly be reflected on the dorsal portion of the tax
credit certificate;
RESOLVED FURTHERMORE that PKI shall be required to submit a copy of the following documents:
a.������ Articles of Incorporation and By-laws;
b.������ Company Board Resolution covered by the Secretary's Certificate on the following:
b.1��������� Authori[ty] to receive TCCs and communications from the Center;
b.2��������� Authori[ty] to sign and file requests for tax debit memo;
b.3��������� Authori[ty] to sign and file requests for transfer.
The Solicitor General also attached to his manifestation a letter
[9]
cralaw
to the petitioner dated
WHEREFORE, in view of the foregoing, the Solicitor General is hereby ordered to effect the proper substitution and/or addition of parties for purposes of execution within fifteen (15) days from receipt hereof.
Very truly yours,
(Sgd.) ENRIQUETA
ESGUERRA-VIDAL
Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 332 to 359.
[2] cralaw Rollo , pp. 360 to 377.
[3] cralaw Rollo , p. 379.
[4] cralaw Rollo , p. 460.
[5] cralaw Rollo , pp. 462 to 463.
[6] cralaw Rollo , pp. 468 to 482.
[7] cralaw Rollo , p. 483.
[8] cralaw SECTION 1. Creation of a One-Stop-ShopInter-Agency Tax Credit and DutyDrawbackCenter. - A One-Stop-Shop Inter-Agency Tax Credit and Duty Drawback Center (CENTER) is hereby created for the purposes of achieving an orderly and expeditious processing of tax credits and duty drawbacks under Executive Order No. 226; Presidential Decree No. 1789 as amended by Batas Pambansa Blg. 391, as amended; Letter of Instructions No. 1355; Executive Order No. 765; RP-US Military Agreement; Section 106(c), Tariff and Customs Code of the Philippines; Section 106, National Internal Revenue Code; and such other applicable laws.
x x x
SECTION 5. Issuance of Tax Credit Certificates and/ or Duty Drawback.-The Secretary of Finance shall designate his representatives who shall, upon the recommendation of the CENTER, issue tax credit certificates within thirty (30) working days from acceptance of applications for the enjoyment thereof.
[9] cralaw Rollo, p. 493.
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