Scribd Logo
Upload

Welcome to Scribd!

  • 349 views

    Calamba Steel Center Inc V CIR

    Uploaded by

    estvanguardia
    Calamba Steel Center Inc. v CIR concerned a petitioner steel manufacturer seeking a tax refund. In its 1996 tax return, the petitioner reported a net taxable income of over 9 million pesos, tax credits of over 6 million pesos, and a tax due of over 3 million pesos. The petitioner contended it was entitled to a refund for income taxes withheld by withholding agents in 1996 that were not used that year due to its income/loss positions in the first three quarters of 1996. The issue was whether a tax refund could be claimed beyond the taxable year following the year the tax credit arises. The Court held that tax refunds can be claimed within two years, as required by law, and that the

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    Calamba Steel Center Inc V CIR

    Uploaded by

    estvanguardia
    349 views1 page
    Calamba Steel Center Inc. v CIR concerned a petitioner steel manufacturer seeking a tax refund. In its 1996 tax return, the petitioner reported a net taxable income of over 9 million pesos, tax credits of over 6 million pesos, and a tax due of over 3 million pesos. The petitioner contended it was entitled to a refund for income taxes withheld by withholding agents in 1996 that were not used that year due to its income/loss positions in the first three quarters of 1996. The issue was whether a tax refund could be claimed beyond the taxable year following the year the tax credit arises. The Court held that tax refunds can be claimed within two years, as required by law, and that the

    Original Description:

    digest. Tax remedies under Prof. Dina Lucenario Tax 2 UP College of Law

    Original Title

    Calamba Steel Center Inc v CIR

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Calamba Steel Center Inc. v CIR concerned a petitioner steel manufacturer seeking a tax refund. In its 1996 tax return, the petitioner reported a net taxable income of over 9 million pesos, tax credits of over 6 million pesos, and a tax due of over 3 million pesos. The petitioner contended it was entitled to a refund for income taxes withheld by withholding agents in 1996 that were not used that year due to its income/loss positions in the first three quarters of 1996. The issue was whether a tax refund could be claimed beyond the taxable year following the year the tax credit arises. The Court held that tax refunds can be claimed within two years, as required by law, and that the

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    349 views1 page

    Calamba Steel Center Inc V CIR

    Uploaded by

    estvanguardia
    Calamba Steel Center Inc. v CIR concerned a petitioner steel manufacturer seeking a tax refund. In its 1996 tax return, the petitioner reported a net taxable income of over 9 million pesos, tax credits of over 6 million pesos, and a tax due of over 3 million pesos. The petitioner contended it was entitled to a refund for income taxes withheld by withholding agents in 1996 that were not used that year due to its income/loss positions in the first three quarters of 1996. The issue was whether a tax refund could be claimed beyond the taxable year following the year the tax credit arises. The Court held that tax refunds can be claimed within two years, as required by law, and that the

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Calamba Steel Center Inc.

    v CIR
    GR 151857, April 28, 2005

    Facts:
    Petitioner is a domestic corporation engaged in the manufacture of steel
    blanks for use by manufacturers of automotive, electrical, electronics in
    industrial and household appliances.

    In it's amended Corporate Annual Income Tax Return on June 4, 1996 it


    declared a net taxable income of P9,461,597.00, tax credits of P6,471,246.00
    and tax due in the amount of P3,311,559.00.  It also reported uarterly
    payments for the second and third quarters of 1995 in the amounts of
    P2,328,747.26 and P1,082,108.00, respectively.  

    It is the contention of the petitioner in this case filed in 1997, that it is entitled
    to a refund.  The refund was purportedly due to income taxes witheld from it,
    and remitted in its behalf, by the witholding agents. Such witheld tax, as per
    petitioners 1997 return, were not utilised in 1996 since due to it's  income/loss
    positions for the three quarters of 1996.  

    ISSUE:  Whether or not a tax refund may be claimed even beyong the taxable
    year following that in which the tax credit arises.

    Held: Yes, however; it is still incumbent upon the claimant to prove that it is
    entitled to such refund.  Tax refunds being in the nature of tax exemptions
    such must be construed strictissimi juris against the taypayer-claimant. Under
    the NIRC, the only limitation as regards the claiming of tax refunds is that
    such must be made within two years.  The claim for refund made by Calamba
    steel was well within the 2 year period.

    As regards the procedure taken by counsel of Calamba Steel in submitting the


    final adjustment returns (1996) after trial has been conducted, the Court said
    that although the ordinary rules of procedure from upon this jurisprudence
    mandates that the proceedings before the tax court's shall not be governed by
    strictly  technical rules of evidence.  Moreoover, as regards evidence, the
    court further said that Judicial notice could have been taken by the cA and the
    CTA of the 1996 final adjustment return made by petitioner in another case
    then pending with the CTA.

    You might also like