The South Luzon Tollway Corporation, now SMC SLEX, Inc., is entitled to a refund of more than P20.5 million from the Makati City gov't after the SC affirmed the Tax Court’s ruling regarding erroneously collected business tax in 2011. | T2TupasINQ
A year later, South Luzon, now SLEX, asked Makati City for a refund, saying that it was registered as a pioneer enterprise with the Board of Investments on March 3, 2010, making it exempt from paying said tax for six years, or from March 3, 2010 to March 3, 2016. It submitted its BOI certificate of registration.
Makati City filed a motion for reconsideration, which was denied prompting it to take the case to the CTA. But the CTA’s first division affirmed the lower court’s ruling and the CTA’s en banc. Therefore, the court said South Luzon’s filing of a petition for a refund before the RTC on Feb. 3, 2014, was within the prescriptive period set by law.
“As correctly pointed out by the CTA En Banc, the use of the disjunctive ‘or’ expresses an alternative or choice; it signifies dissociation and independence of one thing from other things enumerated,” it said.
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