10 Silicon Philippines Inc. v. CIR
10 Silicon Philippines Inc. v. CIR
10 Silicon Philippines Inc. v. CIR
——o0o——
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* FIRST DIVISION.
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Revenue
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Amount
Tax Paid on Imported/Locally P 15,170,082.00
Purchased Capital Equipment
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6 Id., at p. 188.
7 Id., at p. 163.
8 Id.
9 Id., at p. 166.
10 Id., at pp. 180-182.
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11 Id., at p. 181.
12 Id., at pp. 186-197.
13 Id., at p. 195.
14 Id., at p. 192.
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“This Court notes that petitioner raised the same issues which
have already been thoroughly discussed in the assailed Decision,
as well as, in the Resolution denying petitioner's Motion for
Partial Reconsideration.
With regard to the first assigned error, this Court reiterates
that, the requirement of [printing] the BIR permit to print on the
face of the sales invoices and official receipts is a control
mechanism adopted by the Bureau of Internal Revenue to
safeguard the interest of the government.
This requirement is clearly mandated under Section 238 of the
1997 National Internal Revenue Code, which provides that:
SEC. 238. Printing of Receipts or Sales or Commercial
Invoice.—All persons who are engaged in business shall
secure from the Bureau of Internal Revenue an authority to
print receipts or sales or commercial invoices before a
printer can print the same.
The above mentioned provision seeks to eliminate the use of
unregistered and double or multiple sets of receipts by striking at
the very root of the problem—the printer (H. S. de Leon, The
National Internal Revenue Code Annotated, 7th Ed., p. 901). And
what better way to prove that the required permit to print was
secured from the Bureau of Internal Revenue than to show or
print the same on the face of the invoices. There can be no other
valid proof of compliance with the above provision than to show
the Authority to Print Permit number [printed] on the sales
invoices and official receipts.
With regard to petitioner’s failure to print the word “zero-
rated” on the face of its export sales invoices, it must be
emphasized that Section 4.108-1 of Revenue Regulations No. 7-95
specifically requires that all value-added tax registered persons
shall, for every sale or lease of goods or properties or services,
issue duly registered invoices which must show the word “zero-
rated” [printed] on the invoices covering zero-rated sales.
It is not enough that petitioner prove[s] that it is entitled to its
claim for refund by way of substantial evidence. Well settled in
our jurisprudence [is] that tax refunds are in the nature of tax
exemptions and as such, they are regarded as in derogation of
sovereign authority (Commissioner of Internal Revenue vs.
Ledesma, 31 SCRA 95). Thus, tax refunds are construed in
strictissimi juris against the person or entity claiming the same
(Commissioner of Internal Reve-
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530
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Issues
(1) whether the CTA En Banc erred in denying petitioner’s claim for
credit/refund of input VAT attributable to its zero-rated sales in
the amount of P16,732,425.00 due to its failure:
(a) to show that it secured an ATP from the BIR and to
indicate the same in its export sales invoices; and
(b) to print the word “zero-rated” in its export sales
invoices.29
(2) whether the CTA En Banc erred in ruling that only the amount
of P9,898,867.00 can be classified as input VAT paid on capital
goods.30
Petitioner’s Arguments
Petitioner posits that the denial by the CTA En Banc of
its claim for refund of input VAT attributable to its zero-
rated sales has no legal basis because the printing of the
ATP and the word “zero-rated” on the export sales invoices
are not required under Sections 113 and 237 of the
National Internal
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531
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Our Ruling
The petition is bereft of merit.
Before us are two types of input VAT credits. One is a
credit/refund of input VAT attributable to zero-rated sales
under Section 112 (A) of the NIRC, and the other is a
credit/refund of input VAT on capital goods pursuant to
Section 112 (B) of the same Code.
Credit/refund of input VAT on zero-rated sales
In a claim for credit/refund of input VAT attributable to
zero-rated sales, Section 112 (A)43 of the NIRC lays down
four requisites, to wit:
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with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP):
Provided, further, That where the taxpayer is engaged in zero-rated or
effectively zero-rated sale and also in taxable or exempt sale of goods or
properties or services, and the amount of creditable input tax due or paid
cannot be directly and entirely attributed to any one of the transactions, it
shall be allocated proportionately on the basis of the volume of sales.
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545
RR No. 7-95.48
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reflect and/or contain all the information required to be shown therein or uses
multiple or double receipts or invoices, shall, upon conviction for each act or
omission, be punished by a fine of not less than One thousand pesos (P1,000) but
not more than Fifty thousand pesos (P50,000) and suffer imprisonment of not less
than two (2) years but not more than four (4) years.
(b) Any person who commits any of the acts enumerated hereunder shall be
penalized in the same manner and to the same extent as provided for in this
Section:
(1) Printing of receipts or sales or commercial invoices
without authority from the Bureau of Internal Revenue; or
(2) Printing of double or multiple sets of invoices or receipts;
(3) Printing of unnumbered receipts or sales or commercial
invoices, not bearing the name, business style, Taxpayer
Identification Number, and business address of the person
or entity.
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