Claim for VAT refund on prescription period
Ruling:
No the
judicial claim to observe the 120 day period
prescribed in Section 112(D) of the Tax Code. Section 112(D) of the Tax Code clearly
provides that the CIR has "120 days, from the date of the submission of
the complete document in support of the application", within which to
grant the claim. In case of full or partial denial by the CIR, the taxpayers
recourse is to file an appeal before the CTA within 30 days from receipt of the
decision. However, if after the 120-day period the CiR fails to act on the
application for tax credit or refund, the remedy of the taxpayer is to appeal
the inaction of the CIR to CTA within 30 days from the lapse of the 120-day
period.
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