Court of Tax Appeals
0CTA Case No. 3206
REPUBLIC OF THE PHILIPPINES
COURT OF TAX APPEALS
QUEZON CITY
UNITED ARTISTS PHILIPPINES, INC.,
Petitioner,
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ver·sus -
C.T.A. CASE NO. 3206
THE COMMISSIONER OF INTERNAL
REVENUE,
Respondent.
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This is a claim for refund of the amounts of
P149~843.00 and
P526~881.13 representing overpaid
income tax for fiscal year ended November 30, 1978
and 1979.
Petitioner is a
resident foreign corporation
licensed to engage in business in the Philippines.
On March
5~ 1979 (E>:h. E-1) petitioner filed
its corporate annual income tax return (Exh. E) for
fi scal year ended November 30, 1978.
Its corporate annual
income
tax
return
for
fiscal year 1978 showed the following:
Net Incone
T .:u·: due therecn
Less:
Credits
(a) 5/. Ta>: Withheld on
film rentals
(b) QJarterly .Ta>:
Payments
First qtr.
Sec::ond qtr.
Total Credits Avai.lable
Pm::x..nt refLndable
p 82,275.00
p
1,143.00 [1]
225 '365. ()()
--·--~·~!.9 .... _9Q
-~.~-118.00
229
P2:30,6a3.00
P149.!!~3.~ [2)
/
DECISION -
- 2 - The first quarter income tax as sh6wn in petitioner's dec 1 aration of net ta>cable income are for the quarter ended February 28, 1978 (Exh. B), in the amount of P225,365.00 (Exh. B-1) was paid on On the other hand, the second quarter income as shown in its declaration of net ta>cable income for the quarter ended May 31, 1978 (Exh.
C) in the amount of For the fiscal year ended November 30, 1979, petitioner ' s corporate annual income tax return (E>:h.
I) showed a net loss of P20,939.00 (Exhs.
I - 1, I-2) and showed refundable amount of P676,723.00 (Exh. I-3) as follows: Net Loss ( P2(), 939. (1(1) Ta>: due therecn NIL Less:
CrE.'di ts
(a) Amc:unt refundable P149,843.00
(b) 5'l. ta>: withheld on film rentals Total crE.'dits available Total amo...tnt refundable P676,723.00 P676, 723.(1(1 [4] Of the amount of P149,843.00, which consists of 5'l. tax withheld on film rental of Pl,l43.00 paid (Exh. E-4), the 1st quarter payment of P225,365.00 was paid on B.Q.ril 24, 197f:!, and the 2nd quarter payment of P5,610.00 was paid 230
- 3 - Out of the amount of 5% tax withheld on film rental of P526,881.00, as at the end of the quarter 1979, the c 1 aim for refund counted from the date February 25, 1979 of this amount has not prescribed, and the petition for review having been filed on February 25, 1981, it was filed within 2 years from the time of the payment of the tax. We note, however, that the amount of P1,143.00 was wi thheld on t!9_'{~_f!l!:ler _ _;5(1_,_ ___ !~-7~ (Exh. E- 4), the amount of P225, 365.00 ( E>:h. B- 1) was paid on 6.P-.! ij_ ~:1 .. s. _______ !_~.Z~. ( E >: h • B- 2 ) , and the 2nd payment of P5,610.00 for the quarter ended May 31, 1978 (Exh. which were paid by petitioner three years long be fore the prescriptive date of February 25, 1981. Thus, it is believed that these amounts of P1,143 .00, P225,365.00 and P5,610.00 has presc ribed.
In view of the foregoing, with the e>cception of the sum of P149,843.00, which has prescribed and therefore not refundable, the sum of P526, 881.00 shown in th~ final income tax return of petitioner for fiscal year ended November 30, 1979 is refundable.
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WHEREFORE, the claim for refund of on 1 y the sum of P526,881.00 is hereby granted. Without pronouncement as to costs.
SO ORDERED
Quezon City, Metro Manila, June 3, 1989.
WE CONCUR:
Judge CER.T:J::FICA.T:J:ON I hereby certify that this decision was reached after due consultation among the members of the Court of Tax Appeals in accordance with Section 13, Article VIII of the Constitution. 232 Presid ng Judge Court of Tax Appeals