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Commissioner of Internal Revenue vs. TMX Sales, Inc., et al. 205 SCRA 184

COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. TMX SALES, INC. and THE COURT OF TAX APPEALS, respondents.

G.R. No. 83736 | 1992-01-15

EN BANC
D E C I S I O N

GUTIERREZ, JR., J.:

In a case involving corporate quarterly income tax, does the two year prescriptive period to claim a refund of erroneously collected tax provided for in Section 292 (now, Section 230) of the National Internal Revenue Code commence to run from the date the quarterly income tax was paid, as contended by the petitioner, or from the date of filing of the Final Adjustment Return (final payment), as claimed by the private respondent?

Section 292 (now Section 230) of the National Internal Revenue Code provides:

"Sec. 292. Recovery of tax erroneously or illegally collected. No suit or proceeding shall be...