The Court of Tax Appeals (CTA) has turned down the petition of a Lipa City-based automotive wiring harness and weld cap manufacturer to get back from the Bureau of Internal Revenue (BIR) more than P53 million in unused input value-added tax (VAT) payment for late filing.
The court's First Division stated it has not acquired jurisdiction to decide the case because the Pilipinas Kyohritsu Inc. (PKI) did not file the case on time.
It said Section 112 of the Tax Code prescribes two scenarios when a tax refund petition should be filed before the court: 30 days upon receipt of the BIR adverse ruling and another 30 days if the BIR fails to decide the case within 120 days upon receipt of the taxpayer's complete supporting document.
The resolution stated the PKI should have filed its petition to the CTA not later than May 12, 2014 for it to acquire jurisdiction.
It added the company should not have waited for the adverse ruling of the BIR, which it received on March 23, 2014.
Associate Justice Catherine T. Manahan, who penned the decision, said the filing of the tax refund petition with the court on April 20, 2017 was already beyond the 120+30-day period.
"The prescription has set in at the time of it's filing, thus depriving the court of any jurisdiction to act on the case," she added.