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Once an assessment is made or issued, the taxpayer cannot choose to pay the evaluation and thereafter seek a refund at any time inside the complete period of two (2) years from the date of payment as Section 196 of LGC of 1991, online Slots as amended, may recommend. The Court ruled that Section 195 of the LGC of 1991, as amended, requiring the filing of a protest would nonetheless apply even if the taxpayer opts to pay the amount assessed inside the identical period of 60 days and subsequently claims for refund under Section 196 of the identical law.
Here, because the Billing Assessment Forms were issued to the taxpayer and so they qualify as the notices of evaluation contemplated by legislation, it couldn’t observe Section 196 of the LGC of 1991, as amended, without complying with the requirement of filing a protest below Section 195 of the same legislation. Quite the opposite, Section 196 of the LGC of 1991, as amended, would apply, without requiring prior compliance with Section 195, if no notice of assessment was issued to the taxpayer.
In ruling against the CIR, the Court held that the time period «relevant supporting paperwork» for purposes of the above-quoted Section 228 of the 1997 NIRC, as amended, refers to the paperwork essential to assist the authorized foundation in disputing a tax assessment, as decided by the involved taxpayer and not by the BIR. The latter can solely inform the previous to submit further documents, Casino slots but the BIR cannot demand what kind of supporting documents should be submitted.
To rule in any other case would, in impact, Casino Slots place the taxpayer at the mercy of the BIR, which may require the production of documents which stated taxpayer might not have the ability to submit. In the same vein, it is not appropriate for the taxpayer to acknowledge stated erroneously passed-on VAT as input taxes. Consequently, this failure on the part of the taxpayer ought to consequence in the denial of its claim for enter VAT refund. The Commission can’t tolerate and Casino slots ignore any act or omission on the part of those involved in the capital market which would violate the norm set by the securities law particularly on the transactions and tasks of Broker Dealers and that may diminish and even simply are inclined to diminish the faith of the investors on the integrity of the capital market.
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