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    Sy Po Vs CTA-Duron

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    kaiaceegees
    This case involves a tax assessment made by the Bureau of Internal Revenue (BIR) against Po Bien Sing, the owner of a wine manufacturing company, for alleged tax evasion from 1966 to 1972. The BIR investigated Sing based on a denunciation and assessed deficiencies in income tax and specific tax. Sing protested the assessments. The BIR upheld the assessments because Sing failed to present the company's books of accounts for examination. The court ruled that the BIR's tax assessments are presumed correct unless proven otherwise by the taxpayer. It also ruled that the BIR properly relied on the "best evidence obtainable" to make the assessments since the company's records were unavailable.

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    Sy Po Vs CTA-Duron

    Uploaded by

    kaiaceegees
    14 views1 page
    This case involves a tax assessment made by the Bureau of Internal Revenue (BIR) against Po Bien Sing, the owner of a wine manufacturing company, for alleged tax evasion from 1966 to 1972. The BIR investigated Sing based on a denunciation and assessed deficiencies in income tax and specific tax. Sing protested the assessments. The BIR upheld the assessments because Sing failed to present the company's books of accounts for examination. The court ruled that the BIR's tax assessments are presumed correct unless proven otherwise by the taxpayer. It also ruled that the BIR properly relied on the "best evidence obtainable" to make the assessments since the company's records were unavailable.

    Original Description:

    Sy-Po

    Original Title

    Sy Po vs CTA-Duron

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    This case involves a tax assessment made by the Bureau of Internal Revenue (BIR) against Po Bien Sing, the owner of a wine manufacturing company, for alleged tax evasion from 1966 to 1972. The BIR investigated Sing based on a denunciation and assessed deficiencies in income tax and specific tax. Sing protested the assessments. The BIR upheld the assessments because Sing failed to present the company's books of accounts for examination. The court ruled that the BIR's tax assessments are presumed correct unless proven otherwise by the taxpayer. It also ruled that the BIR properly relied on the "best evidence obtainable" to make the assessments since the company's records were unavailable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    14 views1 page

    Sy Po Vs CTA-Duron

    Uploaded by

    kaiaceegees
    This case involves a tax assessment made by the Bureau of Internal Revenue (BIR) against Po Bien Sing, the owner of a wine manufacturing company, for alleged tax evasion from 1966 to 1972. The BIR investigated Sing based on a denunciation and assessed deficiencies in income tax and specific tax. Sing protested the assessments. The BIR upheld the assessments because Sing failed to present the company's books of accounts for examination. The court ruled that the BIR's tax assessments are presumed correct unless proven otherwise by the taxpayer. It also ruled that the BIR properly relied on the "best evidence obtainable" to make the assessments since the company's records were unavailable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Sy Po vs.

    CTA- Duron
    G.R. No. 81446; August 18, 1988
    Facts:
    Po Bien Sing, the sole proprietor of Silver Cup Wine Factory (SCWF), engaged in the business
    of manufacture and sale of compounded liquors. On the basis of a denunciation against SCWF
    allegedly "for tax evasion amounting to millions of pesos, Secretary of Finance directed the
    Finance-BIR--NBI team to investigate.
    On the basis of the team's report of investigation, the respondent Commissioner of Internal
    Revenue assessed Mr. Po Bien Sing deficiency income tax for 1966 to 1970 in the amount of
    P7,154,685.16 and for deficiency specific tax for January 2,1964 to January 19, 1972 in the
    amount of P5,595,003.68
    Petitioner protested the deficiency assessments. The BIR recommended the reiteration of the
    assessments in view of the taxpayer's persistent failure to present the books of accounts for
    examination.
    Issue:
    Whether or not the tax assessment made by the BIR is correct.
    Ruling:
    YES, the tax assessment of the BIR is correct. "Tax assessments by tax examiners are presumed
    correct and made in good faith. The taxpayer has the duty to prove otherwise. In the absence of
    proof of any irregularities in the performance of duties, an assessment duly made by a Bureau of
    Internal Revenue examiner and approved by his superior officers will not be disturbed. All
    presumptions are in favor of the correctness of tax assessments."
    Moreover:
    "The law is specific and clear. The rule on the "best evidence obtainable" applies when a tax
    report required by law for the purpose of assessment is not available or when the tax report is
    incomplete or fraudulent.
    In the instant case, the persistent failure of the late Po Bien Sing and the herein petitioner to
    present their books of accounts for examination for the taxable years involved left the
    Commissioner of Internal Revenue no other legal option except to resort to the power conferred
    upon him under Section 16 of the Tax Code."

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