Supreme Court upholds Court of Tax Appeals in P18-B BIR tax row with DOE - BusinessMirror

THE Supreme Court has declared that it is the Secretary of Justice or the Solicitor General who has the authority to settle the dispute between the Department of Energy and the Bureau of Internal Revenue over the latter’s demand for payment of deficiency excise taxes of P18.37 billion.

The DOE then elevated the issue before the Supreme Court, asserting that the CTA erred in dismissing its petition on the ground of lack of jurisdiction. “The CTA correctly steered clear of the case as it lacked jurisdiction over this dispute between the DOE and the BIR,” the high tribunal added. “PD 242 should be read as an exception to the general rule set in RA 1125 and the NIRC that the CTA has jurisdiction over tax disputes involving laws administered by the BIR,” the SC explained.

“Because of such broad power vested in the President over the acts of subordinates in the Executive Department, it is not only constitutionally infirm, but likewise downright impractical, to allow the judiciary to take cognizance of a matter which can still be undone, modified, or otherwise subjected to the discretion of the Executive,” it added.

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