TRO sought vs toll fees e-VAT; Noy has power to suspend tax
| By Benjamin B. Pulta and Angie M. Rosales 08/12/2010 A  petition before the Supreme Court (SC) asks the tribunal to stop the  Bureau of Internal Revenue (BIR) and the Toll Regulatory Board (TRB)  from imposing the value-added tax on toll fees being collected from  motorists which is scheduled to start on Monday, Aug. 16. However,  Malacañang can order the suspension of the scheduled imposition of the  12-per-cent expanded value-added tax (eVAT) on toll fees, which is seen  to bring to as much as 286 percent the total rate increase, pending  Congress’ review on the said policy, an administration senator said  yesterday, although signs are that the Palace won’t move to stop this. Sen.  Franklin Drilon said that unless there is a court order that will put  on hold its implementation on Monday, there is no stopping the eVAT on  toll fees which, incidentally, will also coincide with the increase in  its current rates. “The Senate cannot do anything  because the Senate does not have injunctive power. If there is no TRO  (temporary restraining order) issued on it, it will have to be enforced,  unless the Executive branch would order the deferment of the charges.  The secretary of finance can do it,” he said.  Drilon  yesterday called on Finance Secretary Cesar Purisima to direct the  Bureau on Internal Revenue (BIR) to impose, at least a moratorium,  pending a review of the said policy vis-à-vis existing laws alongside  inquiry in the upper chamber. The suit was filed  by former Nueva Ecija 1st District Representative Renato Diaz and former  Trade and Industry assistant secretary Aurora Timbol. Diaz  is the principal author in the House of Representatives of Republic Act  No. 8424, otherwise known as the “Comprehensive Tax Reform Act of 1997”  and one of the co-authors and sponsors of Republic Act No. 7716,  otherwise known as the “Expanded VAT Law.” Source: The Daily Tribune URL: http://www.tribuneonline.org/headlines/20100812hed2.html | 

 
 
 
 
 
 
 

 

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