By Perfecto T. Raymundo
MANILA, (PNA) — The Supreme Court has dismissed with finality San Roque Power Corporation’s claim for a P560-million tax refund in connection with its unused input value-added tax on the purchase of capital goods and services in 2001.
Voting 8-7, the SC en banc denied the motion for reconsideration filed by San Roque.
The SC upheld its decision reversing the earlier ruling of the Court of Tax Appeals that granted its claim on an adjusted amount of P483,797,549.00.
In the same ruling, the SC also dismissed with finality the MR filed by the Bureau of Internal Revenue questioning its ruling granting the petition for a tax refund from Taganito Mining Corporation worth P8,365,664.38.
It said San Roque prematurely filed its claim with the CTA in April 2003 when it was still pending before the BIR.
In the decision written by Senior Associate Justice Antonio T. Carpio, the SC reiterated its pronouncements in its ruling that “at the time San Roque filed its petition for review with the CTA, the 120+30 day mandatory periods were already in the law.”
The SC said San Roque failed to comply with the 120-day waiting period, the time expressly given by law to the BIR Commissioner to decide whether to grant or deny San Roque’s application for tax refund or credit.