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Tax court grants refund to water district

Calumpit Water District (Facebook photo) MANILA - The Court of Tax Appeals (CTA) has ordered a tax refund in favor of the Calumpit Water District (Cawadi) in Bulacan province. The CTA granted the petition filed by Cawadi and ordered the Bureau of Internal Revenue (BIR) to refund or issue a tax credit certificate amounting to PHP1.836 million representing the franchise tax erroneously collected in 2003. The 16-page decision on March 17 stated that Cawadi established that the franchise tax was illegal, citing an earlier ruling by the CTA Second Division that the "BIR's right to collect the assessed franchise tax had already prescribed considering its failure to enforce collection within five years from the issuance of the formal letter of demand (FLD)". The court noted that the BIR's right to collect was only until Feb. 26, 2013 or within five years after the BIR's issuance of the FLD on Feb. 26, 2008. When Cawadi paid the franchise tax in 2017, the revenue agency & ....

Camarines Norte , Bureau Of Internal Revenue , Second Division , Tax Appeals , Calumpit Water District , Internal Revenue , Calumpit Water District Facebook Photo Manila The Court Of Tax Appeals Cta Has Ordereda Refund In Favor Cawadi Bulacan Province Granted Petition Filed By And Ordered Bureau Internal Revenue Bir To Or Issuea Credit Certificate Amounting Php1 836 Million Representing Franchise Erroneously Collected 2003 16 Page Decision On March 17 Stated That Established Was Illegal , Iting An Earlier Ruling By The Cta Second Division That Quot Bir 39s Right To Collect Assessed Franchise Tax Had Already Prescribed Considering Its Failure Enforce Collection Within Five Years From Issuance Of Formal Letter Demand Fld Court Noted Was Only Until Feb 26 , 013 Or Within Five Years After The Bir 39s Issuance Of Fld On Feb 26 , 008 When Cawadi Paid The Franchise Tax In 2017 , He Revenue Agency Quot Undoubtedly No Longer Had Authority To Collect The Same And Collection Of Franchise Tax Therefore Falls Within Definition Erroneously Or Illegally Collected Taxes , Uot The Cta Ruled Pna ,