The Court of Tax Appeals (CTA) has granted the appeal of technology company Tricom Systems (Philippines), Inc. to cancel and set aside its tax liabilities for 2006 totaling P49.49 million. READ:
In a 24-page decision dated July 7, the court’s special third division said the revenue officers assigned to conduct the tax assessment were not authorized through a Letter of Authority or LoA.
“Consequently, there exists sufficient legal basis to grant the instant petition and it, therefore, becomes unnecessary to address the remaining arguments raised by petitioner in this case,” Associate Justice Erlinda P. Uy said in the ruling.The company’s tax liabilities represented deficiencies in income tax, value added tax, expanded withholding tax and working tax credit.
The CIR’s failure to issue a separate LoA for the new officials assigned to perform the audit went against the Bureau of Internal Revenue’s own guidelines, the CTA added. Under the country’s revenue code, a revenue officer may examine the deficiency tax liabilities of a taxpayer only through an LoA issued by the revenue regional director.
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