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Republic of Tre Philippines Court of Tak Appeals Quf7on City Obra Pia De Fasig-Sadyvams Hart, et al. vs. Commissioner of Internal Revenue, et al.

CTA Case No. 3818 September 26, 1991


REPUBLIC OF TRE PHILIPPINES


COURT OF TAK APPEALS

QuF7ON CITY


OBRA PIA DE FASIG-SADYVAMS HART,


represented by The Romar (Catholic


Archbishop of Manila, Triuatrr,

Fetitioner,


—-versus — C.T.A. CASE NO. 3818


COMMISSIONER OF INTERNAL

REVENUE,


Res dent : /

26 . oy eo ‘gaia ae 9 | 26/F/


Dd & C& af Ss FF 4G WW


Fetitioner OBRA FTA DE FAS IG—SADYANG HARI,

represented by the Raman Catholic Archbishop of

Manila, Trustee, appeals from ae decision of

respondent Commissioner af Internal Revenue denying

its protest against an assessment for deficiency

income tax for the caleniar year 1976 in the amount

of F19,841.66, inclusive of interest.


AS borne out by the record, petitioner

received from respondent on June 25, 1990, Income

Tax Deficiency Assessment No. 24-1-O44-082043-76 for

P19,841.66, which arose out of respondent’s including

in petitioner’s taxable income in the sum of

P26,681.56 representing the other half of its gain

on the sales of lots in Barrio Fulo, Pasig, Metro


Manila. (Par. 2, Petitioner for Review.)


408


D CIS lO I

CTA CASE NO . 381R

!Jn

Oct o b <:>r~

19110~

peti t ioner

through

counsel~ protested ti •P

w-: -;r~ss ment wh ic h protest was

1 '7'84

1'"!2("ei.ved

by

pr.ot.i. 1 i n ! of"'r ·

on

.June

20.

1984 .

(Par .

5~ Petitioner For Rev iew. )

the

present

pe t i t i o n

fo r

rev iew on J u l y

:50

~

1984.

This

court

has

noticed

that

t he

decis i on

C:\ppe.a led to t hi s

cC"Htt t

j E

actual ly signe d

by the

Reg ion.:\ l

Directo r-

and

n n t

by the Comm i ssioner of

Internal

Revenue.

P t e -numably

in

vi l?.l

o f

the

minimal

amount

i nvo

v~rl

t he

jurisdiction of

the

Reg ion a 1 Di rec: tor to

di~c ide t his t y pe of case is

wit h i n his compe t ence ~nd p roperly de l e gate d t o him

by

the

Commi ssicmer-

o ·f

l n 1:erna 1

Revenue.

Th is

i s sue

has

neve r

ra ised

nei ther

by

the

In

fact~ both

partiP.s

n " f .rn=>d

l: o

t.tw

.-I n ( i;;inn nf the

r<Pgion a l

In ternal Reven ue.

ConsPquent l y, for t he pu r pose of

uniformi t y t h is court adopts t he same numenc: lature.

The issue s

for resoluti o n

befor e

t he

Cou rt

are :

1.

Whether

this

Court

a cqui red

j urisdiction over this c ~qe

;

409


DECISION

CTA CASE NG. 3818 2s Whether the parcels of land in question are ordinary or capital assets.

On the issue of jurisdiction, respondent contends that petitioner received respondent’s denial of its protest on June 20, 1984 but it was only on July FO, 1984 that the petition for review was filed with this Court which is ten days beyond the thirty-day reqlementary period for appeal, hence this Court has not acquired jurisdiction over this case because the decision of the Commissioner of Internal Revenue an the protest of petitioner has become final and executory.

We agree. The petitioner for review was filed out of time.

Respondent's final decision dated May 23, 1984 denying the petitioner’s protest, was admittedly received by petitioner cn dine 20, 19764. (See Par. 5S, Fetition for Review, p. 2, ©.T.A. records.) The petitioner for revi) wes filed by the petitioner on July FO, 1984, forty days after its receipt of respondent’s final decision. Clearly, the herein petition for review was filed beyond the statutory period of thirty days prescribed in Section 11 of Republic Act No. 1125. Accordingly, this Court no longer has jurisdiction to entertain and determine 410 the correctness of the assessment and does not have to pass upon the second issue raised by the respondent.

WHEREFORE, the petition for review is hereby dismissed, with costs against petitioner.

80 ORDERED.

Quezon City, Metro Manila, September 26, 1991.

Crum, 2. Grek, ERNESTO D. ACOSTA

Associate Judge

WE CONCUR®:

po ALEX Z., REY

Fresidifig Ividqe

C. RNMAGQUIN “Associate Judge emperor CRRTVT FT CATT ow I hereby certify that this decision was reached after due consultation among the members of the Court of Tax Appeals in accordance with Section 12, Article VIII of the Constitution.

ALEX Z. REYES

Presiding Judge

Court of Tax Appeals

411

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