11 lascona vs cir

Tax - CIR vs. San Roque Power

CIR, 12 the Court has held that in case the Commissioner failed to act on the disputed assessment within the day period from date of submission of documents, a taxpayer can either: It further declared that the subject Assessment Notice No. In the first place, we believe the respondent court erred in holding that the assessment in question is the respondent Collector'sdecision or ruling appealable to it, and that consequently, the period of thirty days prescribed by section 11 of Republic Act No.

Villa, [15] it was already established that the word "decisions" in paragraph 1, Section 7 of Republic Act No. Accordingly, considering that Lascona opted to await the final decision of the Commissioner on the protested assessment, it then has the right to appeal such final decision to the Court by filing a petition for review within thirty days after receipt of a copy of such decision or ruling, even after the expiration of the day period fixed by law for the Commissioner of Internal Revenue to act on the disputed assessments.

Under the Civil Code, a year is equivalent to days whether it be a regular year or a leap year. Needless to state, under the Administrative Code ofthe number of days is irrelevant.

Corollarily, petitioner posits that when the Commissioner failed to act on its protest within the day period, it had the option to await for the final decision of the Commissioner on the protest, which it did.

Lascona moved for reconsideration, but was denied for lack of merit. It pointed out that the former spoke of an assessment becoming final, executory and demandable by reason of the inaction by the Commissioner, while the latter referred to decisions becoming final, executory and demandable should the taxpayer adversely affected by the decision fail to appeal before the CTA within the prescribed period.

It argued that in declaring the subject assessment as final, executory and demandable, it didso pursuant to Section 3 3.

It argued that in declaring the subject assessment as final, executory and demandable, it did so pursuant to Section 3 3. Respondent, however, insists that in case of the inaction by the Commissioner on the protested assessment within the day reglementary period, petitioner should have appealed the inaction to the CTA.

The CIR moved for reconsideration. Finally, it emphasized that in cases of discrepancy, Section of the NIRC must prevail over the revenue regulations. The petition is meritorious.

Section of the NIRC is instructional as to the remedies of a taxpayer in case of the inaction of the Commissioner on theprotested assessment, to wit: More so, because the law and jurisprudence have always contemplated a scenario where the CIR will decide on the protested assessment.

LASCONA LAND vs CIR

The CTA nullified the subject assessment. More so, because the law and jurisprudence have alwayscontemplated a scenario where the CIR will decide on the protested assessment. If the 11 lascona vs cir or his duly authorized representative fails to act on the taxpayer's protest within one hundred eighty days from date of submission, by the taxpayer, of the required documents in support of his protest, the taxpayer may appeal to the Court of Tax Appeals within thirty 30 days from the lapse of the said day period; otherwise, the assessment shall become final, executory and demandable.

It pointed out that the former spoke of an assessment becoming final, executory and demandable by reason of the inaction by the Commissioner, while the latter referred to decisions becoming final, executory and demandable should the taxpayer adversely affected by the decision fail to appeal before the CTA within the prescribed period.

Lascona moved for reconsideration, but was denied for lack of merit. Accordingly, considering that Lascona opted to await the final decision of the Commissioner on the protested assessment, itthen has the right to appeal such final decision to the Court by filing a petition for review within thirty days after receipt of a copy of suchdecision or ruling, even after the expiration of the day period fixed by law for the Commissioner of Internal Revenue to act on thedisputed assessments.

We quote what this Court said aptly in a previous case: Within sixty 60 days from filing of the protest, all relevant supporting documents shall have been submitted; otherwise, the assessment shall become final.

We do not agree. Petitioner Lascona, invoking Section 3, [11] Rule 4 of the Revised Rules of the Court of Tax Appeals, maintains that in case of inaction by the CIR on the protested assessment, it has the option to either: The facts, as culled from the records, are as follows: More so, because the law and jurisprudence have always contemplated a scenario where the CIR will decide on the protested assessment.

Assessment – Option to appeal to CTA after lapse of days or wait for the decision of the CIRLASCONA Land Co.

Lascona Land vs CIR

Inc. vs. CIR G.R. no.March 5, Facts: March 27, - CIR issued Assessment Notice against Lascona informing the. Nov 24,  · [PERALTA, J.] FACTS. The Commissioner of Internal Revenue (CIR) issued an assessment against Lascona Land Co., Inc. (Lascona) informing the latter of its alleged deficiency income tax for the year in the amount of P, Commission of Internal Revenue upon receipt of the decision of the Collector on the disputed assessment.

limited the remedy of Lascona. when the law provided for the remedy to appeal the inaction of the CIR. the period of thirty days prescribed by section 11 of Republic Act No. vs. under Section of the NIRC to just one.

and the taxpayer can. 11 LASCONA VS CIR Research Paper  Lascona Land Co., Inc. v. CIR FACTS: On March 27,the CIR issued Assessment Notice No. against Lascona Land (Lascona) informing the latter of its alleged deficiency income tax for the year in the amount of P, Petitioner Lascona, invoking Section 3,11 Rule 4 of the Revised Rules of the Court of Tax Appeals, maintains that in case of inaction by the CIR on the protested assessment, it has the option to either: (1) appeal to the CTA within 30 days from the lapse of the day period; or (2) await the final decision of the Commissioner on the disputed.

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Lascona Land vs CIR 11 lascona vs cir
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Lascona Land vs CIR - Documents