Case Digest (G.R. No. 153866)
Facts:
Commissioner of Internal Revenue v. Seagate Technology (Philippines), G.R. No. 153866, February 11, 2005, Supreme Court Third Division, Panganiban, J., writing for the Court. The petition sought review under Rule 45 of the CA Decision in CA‑GR SP No. 66093 (May 27, 2002) that affirmed the Court of Tax Appeals’ grant of a VAT refund/tax credit in favor of Seagate Technology (Philippines).
Respondent Seagate is a foreign corporation duly registered to do business in the Philippines and registered with the Philippine Export Zone Authority (PEZA) by PEZA Certificate No. 97‑044 on June 6, 1997; it is also VAT‑registered (VAT Registration Certification No. 97‑083‑000600‑V, April 2, 1997). Seagate filed VAT returns for April 1, 1998 to June 30, 1999, and on October 4, 1999 submitted an administrative claim for refund of input VAT in the total amount of P28,369,226.38 (inclusive of P12,267,981.04, the subject of this petition) with Revenue District Office No. 83, Talisay, Cebu. The BIR took no final action on the administrative claim.
To toll prescription, Seagate filed a petition with the Court of Tax Appeals (CTA) on July 21, 2000. On July 19, 2001 the CTA rendered judgment granting the claim for refund. The Court of Appeals (Thirteenth Division, penned by Justice Mercedes Gozo‑Dadole) affirmed the CTA on May 27, 2002, reducing the award to P12,122,922.66 as the refundable unutilized input VAT on capital goods for the period April 1, 1998 to June 30, 1999. The Commissioner filed a Rule...(Pro-only)
Issues:
- Whether Seagate Technology (Philippines), a PEZA‑registered and VAT‑registered enterprise operating within an ecozone, is entitled to a refund or issuance of a Tax Credit Certificate in the amount of P12,122,922.66 representing alleged unutilized input VAT paid on capital goods for April 1,...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)