A+ A A-

CALTEX PHILS. V. CENTRAL BOARD OF ASSESSMENT APPEALS 114 SCRA 296

CALTEX   PHILS.   V.   CENTRAL   BOARD   OF   ASSESSMENT APPEALS

114 SCRA 296

 

FACTS:

The City Assessor characterized the items in gas stations  of petitioner as taxable  realty.    These  items  included  underground  tanks,  elevated  tank, elevated water tanks, water tanks, gasoline pumps, computing pumps, etc.  These  items  are  not  owned  by  the  lessor  of  the  land  wherein  the
equipment  are  installed.    Upon  expiration  of  the  lease  agreement,  the equipment should be returned in good condition.   
 

HELD:

The equipment and machinery as appurtenances to the gas station building or shed owned by Caltex and which fixtures are necessary to the operation of the gas station, for without them the gas station would be useless, and which have been attached and fixed permanently to the gas station site or embedded  therein,  are  taxable  improvements  and  machinery  within  the meaning of the Assessment Law and the Real Property Tax Code.

CALTEX PHILS. V. CENTRAL BOARD OF ASSESSMENT APPEALS 114 SCRA 296

CALTEX   PHILS.   V.   CENTRAL   BOARD   OF   ASSESSMENT APPEALS

114 SCRA 296

 

FACTS:

The City Assessor characterized the items in gas stations  of petitioner as taxable  realty.    These  items  included  underground  tanks,  elevated  tank, elevated water tanks, water tanks, gasoline pumps, computing pumps, etc.  These  items  are  not  owned  by  the  lessor  of  the  land  wherein  the
equipment  are  installed.    Upon  expiration  of  the  lease  agreement,  the equipment should be returned in good condition.   
 

HELD:

The equipment and machinery as appurtenances to the gas station building or shed owned by Caltex and which fixtures are necessary to the operation of the gas station, for without them the gas station would be useless, and which have been attached and fixed permanently to the gas station site or embedded  therein,  are  taxable  improvements  and  machinery  within  the meaning of the Assessment Law and the Real Property Tax Code.

BATASnatin The Firm

Lawyers in the Philippines

Latest @ Forums

Popular

  • 1
  • 2
  • 3
Prev Next

SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

Read more

Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

Read more

Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

Read more

Random

  • 1
  • 2
  • 3
Prev Next

MANUEL LIM V. COURT…

MANUEL LIM V. COURT OF APPEALS 251 SCRA 408  FACTS: Spouses Lim were charged with estafa and violations of BP22 for allegedly purchasing goods from Linton Commercial Corporation and issuing checks as  payment  thereof.    The  checks  when  presented...

Read more

IGNAO V. IAC 193 SC…

IGNAO V. IAC 193 SCRA 17  FACTS: An action for partition was filed but this didn't prosper.  A case was then filed alleging that the house was occupying more than the share in the lot.    HELD: When  co-owned  estate  is  partitioned,  it  is  the  c...

Read more

Rights Of Accused D…

Rights Of Accused During TrialWHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS? The following are the rights accorded the accused: 1.    To be presumed innocent until the contrary is proved beyond reasonable doubt. 2.    To  be  informed  ...

Read more

Featured

  • 1
  • 2
  • 3
Prev Next

Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

Read more

People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

Read more

Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

Read more


BATASnatin.com- The Best Philippine Law Library

Login

Sign in with Facebook