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Gov. Garcia wants MPSA of Dolomite Mining Corp. revoked

Gov. Garcia wants MPSA of Dolomite Mining Corp. revoked
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CTA refunds P19.8-M tax overpayment to Cebu firm

MANILA - The Court of Tax Appeals (CTA) has granted a claim filed by the Cebu City-based Philippine Mining Service Corp. (PMSC) for a refund of PHP19.8 million in taxes it overpaid in 2016. In its decision dated Oct. 29, the tax court granted the petition filed by PMSC for a refund or a tax credit certificate for PHP19,802,406 representing PMSC's unapplied excess input value-added tax (VAT) from zero-rated sales from July to December 2016. First formed in 1980, the firm provides financial and technical assistance to the exploration and use of dolomite extracted by the Dolomite Mining Corp. based in Cebu's Alcoy town, including the purchase, refinement, and sale of dolomite ore, limestone ore, and other minerals of whatever nature and their by-products. PMSC's customers include entities registered with the Philippine Economic Zone Authority (PEZA) and located within PEZA ecozones. The court noted that the tax code provides that "export sales" by VAT-registered pers ....

Sc Supreme Court , Cebu Philippine Mining Service Corp , Dolomite Mining Corp , Philippine Economic Zone Authority , Tax Appeals , Cebu City Based Philippine Mining Service , Dolomite Mining , Supreme Court , Manila The Court Of Tax Appeals Cta Has Granteda Claim Filed By Cebu City Based Philippine Mining Service Corp Pmsc Fora Refund Php19 8 Million In Taxes It Overpaid 2016 Its Decision Dated Oct 29 , He Tax Court Granted The Petition Filed By Pmsc Fora Refund Ora Credit Certificate For Php19 , 406 Representing Pmsc 39s Unapplied Excess Input Value Added Tax Vat From Zero Rated Sales July To December 2016 First Formed In 1980 , He Firm Provides Financial And Technical Assistance To The Exploration Use Of Dolomite Extracted By Mining Corp Based In Cebu 39s Alcoy Town , Ncluding The Purchase , Nd Sale Of Dolomite Ore , Imestone Ore , Nd Other Minerals Of Whatever Nature And Their By Products Pmsc 39s Customers Include Entities Registered With The Philippine Economic Zone Authority Peza Located Within Ecozones Court Noted That Tax Code Provides Quot Export Sales Vat Persons Shall Be Subject To Zero Percent Those Considered Which Are Operated Asa Separate Customs Territory No Taxes , Local And National , Xcept For Land Owned By Developers , Hall Be Imposed On Business Establishments Operating Within An Ecozone The Bir , Uled To Disallow The Zero Rating Claiming Firm Had No Prior Approved Application For Vat Ruling Against Bir , He Court Said Quot The Bir 39s Requirement Ofa Prior Approved Application For Vat Zero Rating Has No Basis In Law And Is Direct Contravention Of Sc Supreme Precedent Cases On Matter Thus , He Amount Of Php19 8 Million , Hich Represents The Allocated Input Vat Attributable To Sales Without Approved Application For Zero Rating , Ust Perforce Be Allowed Asa Refundable Amount In Favor Of The Petitioner , Uot The Court Said It Added That Quot Isa Well Settled Doctrine Thata Tax Refund , Hich Is In The Nature Ofa Tax Exemption ,