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PAL
TOPIC: Exemption from taxation
DOCTRINE: The franchise exempts PAL from paying
any tax other than the option it choses: either the
basic corporate income tax or the 2 percent gross
revenue tax. Hence, not liable to pay final withholding
tax.
FACTS:
1. Respondent PAL filed with the office of the CIR a
written request for refund of the total amount of
20% final withholding tax withheld from the
respondent by various withholding tax agent banks.
(UCPB and RCBC)
2. In addition, the same request was again filed by PAL
representing the total amount of 20% final
withholding tax withheld by various depository
banks of the respondent. (PNB, EBC, JPSMB)
3. Petitioner CIR failed to act on the respondents
request for refund thus, a petition was filed before
the CTA.
4. CTA PAL is not entitled to refund.
5. PD 1590, PALs franchise, gave respondent the
option to pay either the corporate income tax or a
franchise tax of 2% of its gross revenues. Payment
of either tax would be in lieu of all other taxes.
6. Since, respondent chose to pay its corporate
income tax, payment of the final withholding tax is
deemed part of its liability and therefore not
refundable.
7. CA reversed the decision of the CTA.
8. PAL was bound to pay only the corporate income
tax or the franchise tax.
9. PD 1590 exempts respondent from payment of
other taxes, duties, royalties, and other fees of any