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Collector of Internal Revenue vs. University of Santo Tomas and the Court of Tax Appeals
No. L-11274

University of Santo Tomas vs Collector of Internal Revenue
No. L-11280

104 Phil 1062
November 28, 1958

Two appeals separately interposed by the parties from the decision of the Court of Tax Appeals in C.T.A Case No. 10, entitled “The University of Santo Tomas (U.S.T.) vs. The Collector of Internal Revenue (COLLECTOR), modifying the decision of respondent in the sense that petitioner’s (U.S.T.) claim for refund in the sum of P5,842.27 is denied, the same being barred by prescription. The deficiency tax assessment of P2,451.04 for percentage taxes and surcharges is recognized, but the amount is deemed paid by way or recoupment to the extent of P2,451.04 which petitioner paid erroneously for the period from Jan. 1, 1948 to June 30, 1950 and respondent Collector is ordered to desist from further collecting said deficiency assessment.

Decision modified. No costs. Montemayor, J., ponente.