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JOSE ABROGAR v. IAC

This case has been cited 1 times or more.

2006-10-09
PANGANIBAN, CJ
Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the September 30, 2003 Decision[2] of the Court of Appeals (CA) in CA-GR SP No. 67970.  The CA reversed the June 13, 2001 Decision[3] and the November 13, 2001 Resolution[4] of the Court of Tax Appeals (CTA) in CTA Case No. 5824.  The assailed CA Decision disposed as follows: "WHEREFORE, the petition is GRANTED, and [the] Commissioner of Internal Revenue is hereby directed to refund to the [respondent] the amount of P731,190.45 representing the 20% final withholding tax collected and deducted by depository banks on the petitioner's interest income or, in the alternative, to allow the [respondent] a tax credit for the same amount."[5] The Facts