Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

SY PO Vs CA

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

SY PO vs.

CTA

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: WON the assessments have valid and legal basis.

Held: 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 tax report is incomplete or
fraudulent.

The tax assessment 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 irregularities in the performance of duties, an
assessment duly made by the BIR examiner and approved by his superior officers will not be disturbed.
All presumptions are in favour of the correctness of tax assessments.

You might also like