Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 MSME Payment Rule in Tally Prime: Understanding the Law and Its Impact on Businesses in 2025 The MSME (Micro, Small and Medium Enterprises) Payment Rule is a legal framework introduced under th
 Multipurpose Empanelment Form (MEF) 2025 26 Meaning, Purpose, and How to Manage It in Tally Prime
 GST Appellate Tribunal (GSTAT) Structure, Powers, and Its Relevance in Tally Prime Implementation
 How Tally Prime Supports the Real Estate & Construction Industry in India
 Comparison Between Tally Prime 6.1 and Tally Prime 6.2
 How Tally Prime Renewal Helps Save My Data
 Where to Buy Tally Prime 7.0 at the Best Rates Possible
 CBDT extends specified date for filing of various reports of audit for the Assessment Year 2025-26
 Tax audit deadline nears: Will Finance Ministry grant an extension?
 Are large income tax refunds getting delayed? Here s what you can do if you are yet to receive refund
 MSME Form 1 for Enhanced Reporting in Tally Prime Silver

Appeals court exempts co-ops crop sale from VAT
March, 31st 2014

THE Court of Tax Appeals (CTA) has ruled that an agricultural cooperative is deemed the producer of the crops and by-products of its members, and as such is exempt from the value-added tax (VAT) imposed on the sale of such produce to both the cooperative’s members and nonmembers.

In the case of Commissioner of Internal Revenue v Negros Consolidated Farmers Multipurpose Cooperative, the CTA en banc affirmed a ruling that granted a respondent cooperative a refund for erroneously paid VAT in the amount of P7.29 million.

The Negros Consolidated cooperative was issued a tax exemption in accordance with Republic Act 6938, or the Cooperative Code of the Philippines, as amended.

The said tax exemption had been honored only until February 2009 when the Bureau of Internal Revenue refused to issue an Authorization Allowing the Release of Refined Sugar without advance payment of VAT.

The refusal was based on the BIR’s stand that the cooperative did not comply with Revenue Regulations (RR) 13-2008 that provided the guidelines for the payment of advance VAT on the sale of refined sugar and the exemptions therefrom.

The BIR’s argument is that sales by agricultural cooperatives of sugar to nonmembers are only exempt from VAT only if the producer of the agricultural products sold is the cooperative itself. This contention is based on RR 13-2008 which also defines a producer as “the tiller of the land it owns or leases, and incurs the cost of agricultural production of the sugar and produces the sugar cane to be refined.”

But the CTA said the respondent cooperative, having already complied with the provisions of the Cooperative Code on claiming tax exemptions on certain transactions, is clearly entitled to the tax refund claimed. Aside from the Cooperative Code, the National Internal Revenue Code (NIRC) also affirms the grant of tax exemption to the sale of the sugar made by the respondent cooperative.

The CTA cited Article 61 of the Cooperative Code, which provides that “cooperatives transacting business with both members and nonmembers shall not be subjected to tax on their transactions with members.”

Also cited was Section 109 of the NIRC, which provides as an exempt transaction the “sales by agricultural cooperatives duly registered with the Cooperative Development Authority (CDA) to their members, as well as sale of their produce, whether in its original state or processed form, to nonmembers.”

“Plain from the foregoing that transactions such as sales by agricultural cooperatives duly registered with the [CDA] to their members as well as sales of their produce, whether in its original state or processed form, to non-members, are exempt from VAT. Jurisprudence has it that when the language of the law is clear and explicit, there is no room for interpretation, only application,” the CTA said.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2025 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting