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Tuesday, December 28, 2004
Firms registered with Epza get refund of import duties
A company registered with the then Export Processing Zone Authority (Epza) is entitled to a refund of import duties passed on to it by its supplier of fuel and petroleum products. Under the Epza law, registered enterprises are exempt from duties and taxes on supplies used directly or indirectly in the registered activity. The law treats such supplies as beyond the reach of customs laws and regulations.
(Commissioner of Customs vs. Philippine Phosphate Fertilizer Corp., G.R. 144440, Sept. 1, 2004)
The court rejected and deemed misplaced the argument of the Bureau of Customs that the importation of the petroleum product by the oil company was deemed terminated, which consequently barred any future claim for refund pursuant to the Tariff and Customs Code.
The ruling that the claim for refund of customs duties in protestable cases may be foreclosed by failure to file a written protest is neither applicable.
The court explained that the term “shall not be subject to customs and internal revenue laws” is even broader than a tax exemption because it implies exemption from everything required in the enforcement of the customs and internal revenue laws. (Source: Punongbayan & Araullo)
(December 28, 2004 issue)
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