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CTA Case No. 7890 dated December 29, 2011 Claim for VAT refund on prescription period

CTA Case No. 7890 dated December 29, 2011
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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