By Benjamin Pulta/Philippine News Agency
MANILA — The Court of Tax Appeals (CTA) has ruled in favor of a petition filed by a local car assembler and ordered the issuance of a tax credit certificate (TCC) to the company.
In a 16-page decision dated June 21 and released to media on Wednesday, the tax court, through Associate Justice Catherine Triunfante-Manahan, granted the suit filed by Santa Rosa, Laguna-based Univation Motor Phils. for PHP5.4 million representing its excess and unutilized creditable withholding taxes (CWT).
Associate Justice Juanito Castañeda Jr. concurred in the decision.
In business since 1982, the company has been assembling Nissan Almera, Nissan Grand Livina and Nissan X-Trail CVT for Nissan Philippines Inc. (NPI) since 2014.
The petitioner had filed its Annual Income Tax Return (ITR) for Calendar Year (CY) 2014 via Electronic Filing and Payment System (eFPS) on April 15, 2015. Subsequently, the petitioner manually filed it on April 30, 2015.
The company then filed an Amended Annual ITR for CY 2014 through eFPS on July 7, 2016.
Afterwards, the firm manually filed it on July 11, 2016. The company indicated on the face of the Original and the Amended Annual ITR for CY 2014 its option to be issued a TCC for its excess and unutilized CWT.
On July 28, 2016, the petitioner filed with the Bureau of Internal Revenue (BIR) Excise Large Taxpayers Audit Division II (ELTAD II) an administrative claim for issuance of TCC for its excess and unutilized CWT for 2014.
Following the BIR’s inaction on its administrative claim for issuance of TCC, Univation Motor Phils. filed the petition for review before the CTA on April 11, 2017.
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