Gov't gets to seize Shell imports in P7.3-B tax row
Pilipinas Shell Petroleum Corp. failed to get an injunction from the Court of Tax Appeals, which on Monday effectively allowed the Customs bureau to seize the oil firm's import shipments to pay for P7.34 in alleged back taxes.
"The damage in [Shell's] property rights must in the meantime take a back seat to the paramount need of the state for funds to sustain governmental functions," the tax appeals court said in a four-page resolution.
"Compared to the damage to the state, which may be caused by reduced financial resources, the damage to [Shell] is negligible," it added.
Pilipinas Shell lawyer John Balisnomo said they would exhaust legal remedies given the severe consequences of the ruling. The oil firm earlier warned of a looming fuel shortage, job losses and economic disruption in case the seizures proceed.
Shell had said that the seizure of future shipments could lead to the closure of its Batangas refinery, which employs 823 workers, and losses of P11 billion in sales a month.
With no products to sell, Shell’s 959 retail stations would eventually shut down. Shell’s dealers accounted for 34 percent of the market as of June last year. These stations employ nearly 17,000 daily wage earners who also stand to lose their jobs as a result of the seizures.
Apart from Shell’s 27.7-percent market share on average in the retail fuels market, it also supplies 33 percent of the fuel requirements of power plants, including the state-owned National Power Corp.’s facilities, 17.2 percent of the entire aviation fuel market, 24.6 percent of the marine transport market, and 70.2 percent of the demand for bitumen by contractors engaged in roadwork.
Edgar Chua, Shell country chair, said that the oil company had been advised by its head office that “if we don’t get suspension order and [if Customs] will be mandated to seize imports, we will be forced to stop imports.”