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Silicon Phils Inc Vs Cir

This document discusses a tax case regarding a company, Silicon Philippines, Inc., claiming a refund or credit for value-added taxes (VAT) paid on inputs for zero-rated exports. The CTA denied the claim, holding that Silicon's export invoices were not properly registered and its imported goods invoices were not machine validated. The CTA En Banc upheld this decision, noting that tax refunds and credits must be strictly construed against the taxpayer. The Supreme Court also held that Silicon failed to comply with the mandatory periods for claiming a refund under Section 112(C) of the tax code, barring its judicial claim regardless of the correctness of the amount. Strict compliance with refund procedures and exhaustion of administrative remedies is required for tax

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426 views1 page

Silicon Phils Inc Vs Cir

This document discusses a tax case regarding a company, Silicon Philippines, Inc., claiming a refund or credit for value-added taxes (VAT) paid on inputs for zero-rated exports. The CTA denied the claim, holding that Silicon's export invoices were not properly registered and its imported goods invoices were not machine validated. The CTA En Banc upheld this decision, noting that tax refunds and credits must be strictly construed against the taxpayer. The Supreme Court also held that Silicon failed to comply with the mandatory periods for claiming a refund under Section 112(C) of the tax code, barring its judicial claim regardless of the correctness of the amount. Strict compliance with refund procedures and exhaustion of administrative remedies is required for tax

Uploaded by

lacbayen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LAW TACKLED: Section 112.

Refunds of Tax Credits of Input Taxes (C) Period within


which Refund or Tax Credit of Input Taxes shall be Made
DOCTRINE DISCUSSED: Tax Refunds; Tax Credit; A tax credit or refund, like tax
exemption is strictly construed against the taxpayer; Noncompliance with the mandatory
periods, non-observance of the prescriptive periods, and non-adherence to the
exhaustion of administrative remedies bar a taxpayers claim for refund or credit whether
or not the CIR questions the numerical correctness of the claim of the taxpayer.
FACTS: Silicon Philippines, Inc., a VAT-registered, is engaged in the business of
designing, developing, manufacturing and exporting advance and large-scale integrated
circuit components. On August 6, 1999, Silicon filed with the CIR a claim for tax credit or
refund of representing VAT input taxes on its domestic purchases of goods and services
and importation of goods and capital equipment which are attributable to zero-rated sales.
Due to the inaction of the CIR, Silicon filed a Petition for Review with the CTA to toll the
running of the two-year prescriptive period.
CTA 2ND DIVISION RULING: CTA denied Silicons claim for refund or issuance of tax
credit certificate. It held that the export sales invoices have no probative value in
establishing its zero-rated sales for VAT purposes as the same were not duly registered
with the BIR and the required information, particularly the BIR authority to print, was
likewise not indicated therein in violation of the provisions of the NIRC. With respect to
the claim input VAT paid on imported goods, the same was denied for its not duly machine
validated.
CTA EN BANC RULING: CTA En Banc denying the petition for review for lack of merit.
ISSUE: Whether or not Silicons judicial claim for refund may be granted.
HELD: As this Court has repeatedly emphasized, a tax credit or refund, like tax
exemption, is strictly construed against the taxpayer. The taxpayer claiming the tax credit
or refund has the burden of proving that he is entitled to the refund by showing that he
has strictly complied with the conditions for the grant of the tax refund or credit. Strict
compliance with the mandatory and jurisdictional conditions prescribed by law to claim
such tax refund or credit is essential and necessary for such claim to prosper.
Noncompliance with the mandatory periods, nonobservance of the prescriptive periods,
and non-adherence to exhaustion of administrative remedies bar a taxpayers claim for
tax refund or credit, whether or not the CIR questions the numerical correctness of the
claim of the taxpayer. For failure of Silicon comply with the provisions of Section 112(C)
of the NIRC, its judicial claims for tax refund or credit should have been dismissed by the
CTA for lack of jurisdiction.

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