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Aichi Forging Company of Asia Inc. vs. Court of Tax Appeals

AICHI FORGING COMPANY OF ASIA, INC., PETITIONER, VS. COURT OF TAX APPEALS - EN BANC AND COMMISSIONER OF INTERNAL REVENUE, RESPONDENTS.

G.R. No. 193625 | 2017-08-30

 
DECISION
 
MARTIRES, J.:
 
The Commissioner of Internal Revenue (CIR) is given 120 days to decide[1] an administrative claim for refund/credit of unutilized or unapplied input Value Added Tax (VAT) attributable to zero-rated sales. In case of a decision rendered or inaction after the 120-day period, the taxpayer may institute a judicial claim by filing an appeal before the Court of Tax Appeals (CTA) within 30 days from the decision or inaction.[2] Both 120- and 30-day periods are mandatory and jurisdictional.[3] An appeal taken prior to the expiration of the 120-day period without a decision or action of the...