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TAXATION LAW

NIRC

COMMISSIONER OF INTERNAL REVENUE v. ST. LUKE'S MEDICAL


CENTER, INC.
G.R. No. 203514, February 13, 2017, DEL CASTILLO, J.

St. Luke’s Medical Center remains a proprietary non-profit hospital under Section
27(B) of the NIRC as long as it does not distribute any of its profits to its members and
such profits are reinvested pursuant to its corporate purposes. As a proprietary non-profit
hospital, it is entitled to the preferential tax rate of 10% on its net income from its for-profit
activities.

JUDICIAL REMEDIES

ASIATRUST DEVELOPMENT BANK, INC. v.COMMISSIONER OF INTERNAL


REVENUE
G.R. Nos. 201530 & 201680-81, April 19, 2017, First Division, DEL CASTILLO, J.

In order for the CTA En Banc to take cognizance of an appeal via a petition for review, a timely
motion for reconsideration or new trial must first be filed with the CTA Division that
issued the assailed decision or resolution. Failure to do so is a ground for the dismissal of
the appeal. The same rule applies to an amended decision issued by CTA Division.