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WINEBRENNER & IÑIGO INSURANCE BROKERS, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. [DISSENTING OPINION LEONEN, J.]

WINEBRENNER & IÑIGO INSURANCE BROKERS, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. [DISSENTING OPINION LEONEN, J.]

G.R. No. 206526 | 2015-01-28

DISSENTING OPINION
 
LEONEN, J.:

I disagree with the ponencia that the submission of quarterly income tax returns of the succeeding year is not indispensable in a claim for refund of the previous year’s excess or unutilized creditable withholding taxes.

Section 76 of the 1997 National Internal Revenue Code is clear and categorical that once the taxpayer chooses to carry over and apply its income tax overpayments against the income tax due for the quarters of the succeeding taxable year, such option shall be considered irrevocable.  The taxpayer can no longer make a turnaround and claim instead a refund of the overpayments....