C.T.A. EB Case No. 1298 (C.T.A. Case No. 8377) - The Abba' S
C.T.A. EB Case No. 1298 (C.T.A. Case No. 8377) - The Abba' S
EN BANC
[C.T.A. EB CASE NO. 1298. September 20, 2016.]
(C.T.A. Case No. 8377)
DECISION
CASANOVA, J : p
This is an appeal, by way of Petition for Review, 1 filed by petitioner
The Abba's Orchard School, Inc., pursuant to Sections 2, 3 and 4 of the
Revised Rules of the Court of Tax Appeals, seeking to reverse and set
aside the Decision 2 ("Assailed Decision") dated November 4, 2014, and
Resolution 3 ("Assailed Resolution") dated April 6, 2015, both rendered by
the CTA Third Division in CTA Case No. 8377.
Petitioner is a nonstock, nonprofit educational corporation duly
organized and existing under and by virtue of the laws of the Republic of
the Philippines, with principal address at Alwana Business Park, Caguman,
Cagayan de Oro City, where it may be served with orders, notices,
resolutions and other processes. It is engaged in the operation of schools
which offers formal academic instructions to the following levels: Pre
school, Elementary and High School in the different parts of the
Philippines, particularly Cagayan de Oro City, Bukidnon, Davao, and Metro
Manila. 4
On the other hand, respondent Commissioner of Internal Revenue
("CIR") is the duly appointed Commissioner of the Bureau of Internal
Revenue ("BIR"), vested with the authority to act as such, including the
power to assess and collect internal revenue taxes, as well as the power to
decide disputed assessments, among others, subject to the exclusive
appellate jurisdiction of this Court. Respondent holds office at the BIR
National Office Building, Diliman, Quezon City. 5
The facts of the case, as narrated in the Assailed Decision, are as
follows:
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"On January 31, 2011, the Bureau of Internal Revenue ('BIR')
issued a Preliminary Assessment Notice ('PAN') against petitioner
for deficiency income tax and expanded withholding tax ('EWT') in
the amount of Php2,062,676.98 and Php113,912.15, respectively,
inclusive of surcharges, interest and compromise penalties, for the
taxable year 2008.
On February 14, 2011, petitioner filed a protest letter in
response to the PAN, stating that it is a nonstock, nonprofit
educational institution, therefore exempt from the payment of tax on
income solely derived from its school related activities. Petitioner
further explains that the alleged failure to withhold the necessary
taxes from services were payments from professional fees made in
favor of a general professional partnership, which is considered
exempt from EWT. TIADCc
On July 29, 2011, the BIR issued a Formal Letter of Demand
reiterating its demand on the payment of the said taxes, but in an
increase amount of Php2,169,430.38 and Php98,176.15,
representing deficiency on income tax and EWT, inclusive of
surcharges, interest and compromise penalties.
In response thereto, on August 9, 2011, petitioner filed its
protest and specifically states that it already paid the amount of
Php98,176.15 for the EWT.
On September 1, 2011, the BIR issued her Final Decision on
Disputed Assessment ('FDDA') assessing petitioner for deficiency
income tax in the amount of Php2,169,430.39.
Having received the FDDA on October 14, 2011, petitioner
filed this Petition for Review on November 14, 2011.
In her Answer, respondent interposed the following special
and affirmative defenses:
'4. Petitioner The Abbas Orchard School,
Inc. is liable to pay its deficiency income tax
assessment in the total amount of Two Million, One
Hundred Sixty Nine Thousand, Four Hundred Thirty
and 39/100 (P2,169,430.39) as the said assessment
was issued in accordance with law and jurisprudence.
5. Comprehensive study disclosed that
petitioner is liable to pay the total deficiency income
tax assessment.
A nonstock, nonprofit educational institution is
governed by Section 4(3), Article XIV of the 1987
Philippine Constitution, which provides:
'All revenues and assets of nonstock,
nonprofit educational institutions used
actually, directly and exclusively for
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In a Decision 7 promulgated on November 4, 2014, the Third Division
of this Court affirmed with modification the assessment issued by
respondent against petitioner, the fallo of which reads:
"WHEREFORE, premises considered, the assessment
issued by respondent against petitioner covering deficiency income
tax for the taxable year 2008 is hereby AFFIRMED with
MODIFICATION. The compromise penalty in the amount of
Php25,000.00 is hereby CANCELLED. Accordingly, petitioner is
ORDERED to PAY respondent the amount of Php1,249,182.75
representing deficiency income tax for the taxable year 2008, plus
surcharge of 25% imposed under Section 248 (3) of the NIRC,
computed as follows:
Basic Deficiency
Income
Tax 1,249,182.75
Add: 25% Surcharge 312,295.69
–––––––––––
Total Amount Due 1,561,478.44
==========
Likewise, petitioner is ORDERED to PAY (a) deficiency
interest at the rate of 20% per annum on the basic deficiency
income tax of Php1,249,182.75 computed from April 15, 2009 until
full payment thereof pursuant to Section 249 (B) of the NIRC; and
(b) delinquency interest at the rate of twenty percent 20% per
annum on the total amount of Php1,561,478.44 and on the 20%
deficiency interest which have accrued as aforestated in (a)
computed from September 20, 2011 until full payment thereof
pursuant to Section 249 (C) of the NIRC.
SO ORDERED."
Aggrieved, petitioner filed a Motion for Partial Reconsideration 8 on
November 25, 2014, which was denied by the Court in Division in a
Resolution 9 promulgated on April 6, 2015, for lack of merit.
Thereafter, petitioner filed a Motion for Extension of Time to File
Petition for Review 10 before the CTA Court En Banc on April 22, 2015,
which was granted in a Minute Resolution dated April 27, 2015. In the said
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Resolution, petitioner was given fifteen days from April 23, 2015, or until
May 8, 2015, within which to file its Petition for Review. 11 In compliance
therewith, petitioner filed its Petition for Review on May 8, 2015.
Without necessarily giving due course to the Petition for Review,
respondent was ordered by the Court, in a Resolution 12 dated June 24,
2015, to file his Comment, not a Motion to Dismiss, within ten (10) days
from notice. However, per Records Verification 13 dated August 10, 2015,
respondent failed to file the same.
Thereafter, the Court En Banc ordered both parties to submit their
Memoranda within thirty (30) days from receipt of the Resolution 14
promulgated on August 27, 2015.
On December 28, 2015, the case was submitted 15 for decision,
taking into consideration petitioner's Memorandum 16 filed on October 7,
2015 and respondent's Memorandum 17 filed on November 16, 2015.
Hence, this Decision.
In this case, petitioner submits the following grounds for the
consideration of the Court:
"TAOSI is a nonstock, nonprofit educational institution that derives
income from, and incurs expenses exclusively for, educationrelated
purposes. The Third Division gravely erred in ordering TAOSI to pay
deficiency income tax for the year 2008, plus surcharge and
interest. EcTCAD
In its tax assessment, the BIR does not find that TAOSI derived any
income from, or incurred any expenditure for, any unrelated
purpose. Since the BIR admitted that its denial of TAOSI's
constitutional tax exemption rested solely on the latter's failure to
present a certificate of tax exemption, TAOSI did not, in the
proceedings before the Third Division, need to prove anew that the
BIR's negative finding is correct. It only needed to show that such
certification is not legally required, and since it is not so, there is no
basis for the assessment against TAOSI."
The foregoing issues boil down to whether the Court in Division erred
in affirming with modification the income tax assessment issued by
respondent against petitioner for taxable year 2008.
The Petition for Review is bereft of merit.
Before discussing the merits of this case, we shall first discuss the
procedural issue on whether or not matters not raised in the administrative
proceedings can be raised for the first time on appeal.
The Court in Division may rule on
related issues
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In the case at bench, petitioner insists that it has opened all its books
to the BIR examiners and transmitted to the BIR all of its receipts, payrolls,
cash and check vouchers, and other documents in relation to its revenues
and expenses for the year 2008 as shown in its transmittal letters 18 dated
August 24 and 25, 2010 and September 9, 2010. Nonetheless, there was
no finding in the Final Decision on Disputed Assessment (FDDA) that
petitioner's revenues were not derived from education related sources or
that it incurred expenses not related to education. Accordingly, the only
basis stated therein in denying petitioner's claim of exemption from income
tax was the latter's failure to present a certificate of tax exemption.
For these reasons, petitioner argues that the CTA Third Division
gravely erred and violated its right to due process when, after having
rejected the aforesaid sole basis of the BIR in denying petitioner's claim of
exemption from income tax, it nonetheless denied said claim on different
grounds such as petitioner's failure to prove that its income has been used
actually, directly and exclusively for educational purposes; and, that no part
of its income has been derived from activities conducted for profit.
On the other hand, respondent, citing the case Commissioner of
Internal Revenue vs. Hantex Trading Co., Inc., 19 argues that the burden of
proof is on the taxpayer contesting the validity or correctness of an
assessment to prove not only that the CIR is wrong but the taxpayer is
right. Otherwise, the presumption of correctness of tax assessment stands.
She also avers that any doubt on whether a tax exemption exists should be
resolved against the taxpayer.
The Court cannot subscribe to petitioner's view.
In this case, while it is true that the issues on whether or not
petitioner failed to prove that "its income has been utilized actually, directly,
and exclusively for educational purposes"; and that "no part of its income
has been derived from activities conducted for profit" have not been raised
by respondent in the assailed FDDA, the Court in Division may still rule on
the same, pursuant to paragraph 2 of Section 1, Rule 14 of the 2005
Revised Rules of the Court of Tax Appeals, as amended, which provides
that "[i]n deciding the case, the Court may not limit itself to the issues
stipulated by the parties but may also rule upon related issues necessary to
achieve an orderly disposition of the case."
Apropos thereto, it is a basic tenet that once a Court acquires
jurisdiction over a case, it has wide discretion to look upon matters which,
although not raised as an issue, would give life and meaning to the law. 20
Further, no less than the Supreme Court has ruled that the appellate
courts have the inherent authority to review unassigned errors (1) which
are closely related to an error properly raised, or (2) upon which the
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determination of the error properly assigned is dependent, or (3) where the
Court finds that consideration of them is necessary in arriving at a just
decision of the case. 21
Lastly, We would like to stress that an appeal, once accepted by this
Court, throws the entire case open to review, and that this Court has the
authority to review matters not specifically raised or assigned as error by
the parties, if their consideration is necessary in arriving at a just resolution
of the case. 22
Applying the foregoing, considering that petitioner anchors its claim
of exemption from income tax on Section 4 (3), Article XIV of the
Constitution and Section 30 (H) of the 1997 NIRC, as amended, it then
follows that this Court has jurisdiction to determine if petitioner was able to
comply with the established requisites of the said provisions.
Thus, We shall now proceed to determine whether petitioner should
be classified as a nonstock, nonprofit educational institution.
The relevant provisions on this matter are Section 4 (3), Article XIV
of the 1987 Constitution and Section 30 (H) of the 1997 NIRC, as
amended, which respectively provides:
Section 4 (3), Article XIV of the 1987 Constitution
"Article XIV
Education, Science and Technology, Arts, Culture and
Sports
Section 4. . . . —
(3) All revenues and assets of nonstock, non
profit educational institutions used actually,
directly and exclusively for educational purposes
shall be exempt from taxes and duties. Upon the
dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in
the manner provided by law. HSAcaE
xxx xxx xxx."
Section 30 of the 1997 NIRC, as amended
"SEC. 30. Exemptions from Tax on Corporations. —
The following organizations shall not be taxed under this Title in
respect to income received by them as such:
(A) . . .
xxx xxx xxx
(H) A nonstock and nonprofit educational institution;"
On the other hand, the requisites for the said provisions are
enumerated by the Supreme Court in the case of Commissioner of Internal
Revenue vs. Court of Appeals, 23 in this wise:
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Based therefrom, there is no doubt that petitioner was able to comply
with the first requisite.
Petitioner failed to comply
with the second requisite
Settled is the rule that statutes in derogation of sovereignty, such as
those containing exemption from taxation, should be strictly construed in
favor of the State. 27 The burden of proof rests upon the party claiming
exemption to prove that it is, in fact, covered by the exemption so claimed.
28
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Moreover, under Section 8 of Republic Act No. 1125, 29 the CTA is
categorically described as a court of record. As cases filed before it are
litigated de novo, partylitigants shall prove every minute aspect of their
cases. Thus, between petitioner and the BIR, the former should prove its
case.
In the case at bench, We find petitioner's Audited Financial
Statements for the year 2008, 30 which comprise the Balance Sheet, 31
Statement of Activities, 32 Statement of Changes in Fund Balance 33 and
Statement of Cash Flows 34 insufficient to prove that all its income and
revenues were actually, directly and exclusively used for educational
purposes. Petitioner should have provided the Court with copies of its
books of account (i.e., general ledger, subsidiary ledger, cash receipts and
disbursement books and general journal) and source documents (i.e.,
official receipts, invoices, and disbursement vouchers), upon which the
figures shown in the said Audited Financial Statements were based.
It also bears noting that even prior to the initial presentation of the
witness for petitioner 35 (scheduled on October 8, 2012), the Court in
Division has already emphasized, in the Resolution 36 dated June 25, 2012,
the need for further proceedings and presentation of evidence by both
parties, in a regular trial on the merits, to resolve the following genuine
issues:
"(1) whether or not the income derived by petitioner from
its school related activities is exempt from income tax, despite
petitioner not having previously secured a ruling/certificate of
exemption from the BIR confirming its status as a tax exempt non
stock, nonprofit educational institution; and,
(2) whether the income of petitioner was used actually,
directly and exclusively for educational purposes."
Thus, petitioner cannot now insist that it need not prove anew, in the
proceedings before this Court that its income was derived from education
related sources, and none of its expenditures were unrelated to education.
However, notwithstanding the aforesaid Resolution, as well as the
considerable length of time given to petitioner to substantiate its claim of
exemption from income tax, the latter still opted to prove only the non
necessity of submitting a certificate of tax exemption. Being a court of
record, the CTA is not expected to dig into the records of the Bureau of
Internal Revenue to supply the insufficient evidence presented by
petitioner.
Further, petitioner cannot justify the nonpresentation of the aforesaid
lacking documents on the sole ground that the originals thereof have
already been forwarded with the BIR during the administrative investigation
of its case. After all, petitioner ought to have copies of the same since it is
required to keep a copy of its business transactions.
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Nonetheless, assuming that petitioner has no more copies of the
said documents, it could have simply requested the Court to issue a
subpoena duces tecum to compel the BIR to submit the documents
needed by it. But, as pointed out earlier, petitioner opted not to do so.
Consequently, petitioner has no one to blame but itself for its failure to
substantiate it claim of exemption from income tax, pursuant to Section 4
(3), Article XIV of the 1987 Constitution and Section 30 (H) of the 1997
NIRC, as amended.
Similarly, We cannot lend credence on the testimonies of petitioner's
witnesses, Mr. Gideon A. De Leon (expert witness in the field of
Accountancy) and Ms. Eve Sherlyn P. Dychauco (Chief Accountant of
Petitioner) which, as correctly pointed out by the Court in Division, were
"selfserving" considering that there are no other supporting evidence
substantial enough for the Court to verify whether the income was utilized
actually, directly, and exclusively for educational purposes or its income
has been derived from nonprofit activities."
Based therefrom, it is evident that petitioner failed to discharge its
burden of proving that the income it seeks to be exempted from income tax
was used actually, directly, and exclusively for educational purposes.
However, petitioner remains a proprietary educational institution under
Section 27 (B) of the 1997 NIRC, as amended. Thus, respondent correctly
subjected petitioner's income to ten percent (10%) tax prescribed in the
said section, to wit:
"SEC. 27. Rates of Income Tax on Domestic
Corporations. —
xxx xxx xxx
(B) Proprietary Educational Institutions and Hospitals. —
Proprietary educational institutions and hospitals which are non
profit shall pay a tax of ten percent (10%) on their taxable income
except those covered by Subsection (D) hereof: Provided, That if
the gross income from unrelated trade, business or other activity
exceeds fifty percent (50%) of the total gross income derived by
such educational institutions or hospitals from all sources, the tax
prescribed in Subsection (A) hereof shall be imposed on the entire
taxable income. For purposes of this Subsection, the term
'unrelated trade, business or other activity' means any trade,
business or other activity, the conduct of which is not substantially
related to the exercise or performance by such educational
institution or hospital of its primary purpose or function. A
'proprietary educational institution' is any private school maintained
and administered by private individuals or groups with an issued
permit to operate from the Department of Education, Culture and
Sports (DECS), or the Commission on Higher Education (CHED), or
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the Technical Education and Skills Development Authority (TESDA),
as the case may be, in accordance with existing laws and
regulations." AcICHD
Finding no reversible error, the Court En Banc affirms the Assailed
Decision dated November 4, 2014 and the Assailed Resolution dated April
6, 2015, both rendered by the CTA Third Division.
WHEREFORE, premises considered, the present Petition for Review
is hereby DENIED, for lack of merit.
SO ORDERED.
(SGD.) CAESAR A. CASANOVA
Associate Justice
Roman G. del Rosario, P.J., Juanito C. Castañeda, Jr., Lovell R.
Bautista, Erlinda P. Uy, Esperanza R. FabonVictorino, Cielito N. Mindaro
Grulla and Ma. Belen M. RingpisLiban, JJ., concur.
Footnotes
1. En Banc Rollo (Vol. I), pp. 1249.
2. Annex "A" to the Petition for Review, Ibid., pp. 5169.
3. Annex "B" to the Petition for Review, Id., pp. 7176.
4. Par. 1, The Parties, Decision dated November 4, 2014, Annex "A" to
the Petition for Review, Id., p. 52.
5. Par. 2, The Parties, Decision dated November 4, 2014, Annex "A" to
the Petition for Review, Ibid.
6. The Facts, Decision dated November 4, 2015, Annex "A" to the
Petition for Review, En Banc Rollo (Vol. I), pp. 5259.
7. Supra note 2.
8. Annex "Q" to the Petition for Review, En Banc Rollo (Vol. I), pp. 460
480.
9. Supra Note 3.
10. Id., pp. 16.
11. Supra Note 2.
12. En Banc Rollo (Vol. I), pp. 483484.
13. Ibid., p. 485.
14. Id., pp. 488489.
15. Resolution dated December 28, 2015, En Banc Rollo (Vol. II), pp.
545546.
16. Id., pp. 490525.
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17. Id., pp. 535543.
18. Exhibits "N", "O", "P".
19. G.R. No. 136975, March 31, 2005.
20. Comilang v. Burcena, G.R. No. 146853, February 13, 2006.
21. Sesbreño vs. Central Board of Assessment Appeals, G.R. No.
106588, March 24, 1997; Adelfa Demafelis vs. Court of Appeals and
Fernando Condez, G.R. No. 152164, November 23, 2007.
22. Edilberto L. Barcelona vs. Dan Joel Lim and Richard Tan, G.R. No.
189171, June 3, 2014, citing Sociedad Europa de Financiacion, S.A. v.
Court of Appeals, G.R. No. 75787, January 21, 1991.
23. Commissioner of Internal Revenue vs. Court of Appeals, G.R. No.
124042, October 14, 1998.
24. Batas Pambansa Bilang 68.
25. CIR vs. St. Luke's Medical Center, Inc., G.R. Nos. 195909 and
195960, September 26, 2012.
26. Exhibit "A".
27. Philippine Long Distance Telephone Company, Inc. vs. City of Davao,
et al., G.R. No. 143867, March 25, 2003.
28. National Power Corporation vs. Province of Isabela, G.R. No. 165827,
June 16, 2006.
29. AN ACT CREATING THE COURT OF TAX APPEALS.
30. Exhibit "B".
31. En Banc Rollo (Vol. I), p. 378.
32. Ibid., p. 379.
33. Id., p. 380.
34. Id., p. 381.
35. Per Minutes of the Hearing dated October 8, 2012, Division Docket
(Vol. I), p. 305.
36. Division Docket (Vol. I), pp. 217221.
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