Posted on May 24, 2012 by dofweb
The Bureau of Internal Revenue (BIR)
today filed a criminal complaint with the Department of Justice against
TERESITA DEVELUZ ASLAM (ASLAM) for willful attempt to evade or defeat tax and
deliberate failure to supply correct and accurate information in her Income Tax
Return (ITR) and Value Added Tax (VAT) Return for taxable years 2009 and 2010,
in violation of Sections 254 and 255 of the National Internal Revenue Code of
1997, as amended (Tax Code).
Likewise charged was AMADO NAGAR SARTO
(SARTO), the independent Certified Public Accountant (CPA) who certified the
Financial Statements of ASLAM for 2009 and 2010, in violation of Section 257 of
the Tax Code.
ASLAM is the sole proprietress of
HUDGES INDUSTRIES with business address at Unit 107-A Paradise Building, Palm
Grove BLS, Don Bosco, Parañaque City.
She is a supplier of towels and linens.
The case against ASLAM stemmed from a
preliminary investigation conducted by the BIR on the alleged tax evasion
schemes being perpetrated by the former.
Among the customers of ASLAM are
Puregold Duty Free Subic, Inc., Puregold Duty Free, Inc., Aboitiz Transport
System Corp., EVER, Makati Shangri-la Hotel and Resort, Inc., Manila Hotel,
Manila Polo Club, Marie-France Bodyline International, Robinsons Inc., Rustan
Commercial Corp., Sofitel Philippine Plaza, The Peninsula Manila, Gaisano
Dadiangas, Inc., Megaworld Corporation and Waterfront Management Corp.
Certifications of income payments
obtained from Puregold and an examination of the copies of the schedule of
purchases from ASLAM which were extracted from the Summary List of Purchases
(SLP) filed with the agency by ASLAM’s customers revealed that ASLAM received
income payments amounting to P84.59 million in 2009 and P85.66 million in 2010.
A comparison of the ITR filed by ASLAM
and the data gathered by BIR investigators showed an underdeclaration of sales
of more than 30%. Under the Tax Code, an underdeclaration of more than 30%
constitutes fraud tantamount to tax evasion.
ASLAM was assessed a total deficiency
tax liability of P67.79 million, inclusive of surcharges and interests, broken
down into: Income Tax – P32.58 million (2009) & P35.21 million (2010); and
VAT – P9.97 million (2009) & P12.17 million (2010).
SARTO, on the other hand, was included
in the charge sheet for issuing an unqualified opinion in his certification of
the 2009 and 2010 audited financial statements of ASLAM despite knowledge of
the existence of such income payments/underdeclarations.
The case against TERESITA DEVELUZ
ASLAM and CPA AMADO NAGAR SARTO is the 109th filed under the Run After Tax
Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S.
Jacinto-Henares. (reytdlc)
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