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Luzon Hydro Corporation Vs. Commissioner of Internal Revenue

LUZON HYDRO CORPORATION, Petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, Respondent.

G.R. No. 188260 | 2013-11-13

FIRST DIVISION

DECISION

BERSAMIN, J.:

This case involves a claim for refund or tax credit to cover petitioner Luzon Hydro Corporation's unutilized Input Value-Added Tax (VAT) worth P2,920,665 .16 corresponding to the four quarters of taxable year 2001.

The Case

The petitioner brought this action in the Court of Tax Appeals (CTA) after the Commissioner of Internal Revenue (respondent) did not act on the claim (CTA Case No. 6669). The CTA 2nd Division denied the claim on May 2, 2008 on the ground that the petitioner did not prove that it had zero-rated sales for the four quarters of 2001.1 The CT A En Bane denied...