2013 (Taxation) Bar Exam Questions: Essay Question 6

[Discuss/answer the question below. Or see Taxation Instructions; Taxation Essay Questions: 12, 3, 4, 57, 8, 9, 10, 11 and 12; Taxation Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]


On October 15, 2005, ABC Corp. imported 1,000 kilos of steel ingots and paid customs duties and VAT to the Bureau of Customs on the importation. On February 17, 2009, the Bureau of Customs, citing provisions of the Tariff and Customs Code on post-audit, investigated and assessed ABC Corp. for deficiency customs duties and VAT.

Is the Bureau of Customs correct? (7%)


    1. Sec. 3515 of the TCC gives the BOC the the power to perform a post-entry audit within three years from the date of the final import entry, ie settlement of dues. The Post Entry Audit Group has been created for this function, although this has been transferred to the Fiscal Intelligence Unit of the Department of Finance just this year.


    1. Pareho naman tyo sparkle, as God is my witness, hinulaan ko lang din without any idea kung what provision ng TCC ang gagamitin. Ginawa ko na lang na itulad sa assessment under NIRC hehe

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