The Court of Tax Appeals (CTA) has denied for lack of merit the petition of Green Cross, Inc. which sought the refund of P117.9 million in alleged erronously paid taxes to the Bureau of Internal Revenue (BIR).
The Court of Tax Appeals has denied for lack of merit the petition of Green Cross, Inc. which sought the refund of P117.9 million in alleged erronously paid taxes to the Bureau of Internal Revenue .
It then filed an adminstrative claim for refund with the BIR's Large Taxpayers Service in a letter dated Oct. 29, 2020 in the amount of P117,973,507.78. Green Cross argued that the change in the type of tax imposed on"toilet waters" from percentage tax to excise tax did not result in the abandonment of the definition provided under Revenue Regulations No. 8-84, which was issued to implement sales or percentage tax on cosmetic products as imposed under Section 194 of the National Internal Revenue Code of 1977.
"Since Section 194 of the NIRC of 1977, which gave life to RR No. 8-84, has been substantially amended and replaced by Section 150 of the NIRC of 1997, as amended, it logically follows that RR No. 8-84, which relied on the former provision, is now deemed inapplicable. With the repeal of the law it was intended to implement, there is nothing for RR No. 8-84 to enforce," the CTA explained.
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