By: Jun Ramirez
The Court of Tax Appeals (CTA) has granted the petition of a South Korean firm to nullify the P21.5 million deficiency value-added tax assessment issued by the Bureau of Internal Revenue (BIR) for its failure the inform the former about the liability.
In a 22-page decision, the court’s Second Division stated the BIR violated the due process right of Daewoo Engineering and Construction Company “to be informed of the law and facts upon which the assessment was based.”
It said the preliminary assessment notice (PAN) and final assessment notices (FAN) were sent to Daewoo’s old address at the Enterprise Center, Ayala Avenue, Makati, despite notification that it transferred to Taipan Place, Ortigas Center, Pasig City.
