The Court of Tax Appeals (CTA) has ordered publicly-listed port operator, Asian Terminals Inc. (ATI), to pay the City of Manila PHP33.36 million representing deficiency in local business tax for the years 2013 and 2014.
In a 21-page decision dated September 25, 2019, the tax court’s Third Division, through Associate Justice Erlinda Uy, reversed and set aside the decision of the Manila Regional Trial Court (RTC Branch 7) in the case. Associate Justices Ma. Belen M. Ringpis-Liban and Maria Rowena Modesto-San Pedro concurred.
The RTC decision, reversed by the CTA had said ATI’s revenues earmarked for remittance to the Philippine Ports Authority (PPA) amounting to PHP1.443 billion for 2013 and PHP2 billion for 2014 are not part of ATI’s income, and therefore not subject to local business tax.
However, the CTA in reversing the lower court said, “(T)here is no competent, valid and authenticated documentation definitively showing the specific amounts of PHP1.443 (billion) for 2013 and PHP2.006 (billion) for 2014 were earmarked and remitted by respondent ATI to the Philippine Ports Authority (PPA)”.
The tax court thus ordered ATI to pay PHP33.3 million representing deficiency Local Business Tax for the said years. (PNA)