SPECIAL FORMER FOURTEENTH DIVISION
[CA-G.R. SP No. 71481. July 12, 2006.]
COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. SUNLIFE ASSURANCE COMPANY OF CANADA, respondent.
D E C I S I O N
BARRIOS, J p:
The petitioner Commissioner of Internal Revenue (or CIR for brevity) in this petition for review assails the Court of Tax Appeals (or CTA) (a) decision dated March 22, 2002 ordering it to refund or issue Tax Credit Certificate in the sum of P320,590,792.08 to the respondent Sunlife Assurance Company of Canada (or Sunlife) and (b) subsequent Resolution Resolution dated June 18, 2002 denying the motion for its reconsideration.
The said amount represents erroneous payments by Sunlife of premium tax for the period beginning the Fourth Quarter of 1997 to the First Quarter of 1999 in the sum of P234,090,792.08, and of documentary stamp tax on policies of insurance for the period from January 20, 1998 to August 10, 1999 in the sum of P86,500,000.00.
On August 20, 1999 Sunlife filed with the Bureau of Internal Revenue (or BIR) an administrative claim for the issuance of tax credit...
