Title Philippine Bank of Communications v. CIR, G.R. No.
112024
Ponente QUISIMBING, J.
Doctrine Rules and regulations issued by administrative officials to implement a
law cannot go beyond the terms and provisions of the latter.
Facts Philippine Bank of Communications (PBCom), settled its total income tax
returns for the first and second quarters of 1985 by applying its tax
credit memos.
However, it incurred losses so it declared no tax payable for the year
when it filed its year-end Annual Income Tax Returns. Nevertheless in
1985 and 1986, PBCom earned rental income from leased properties in
which the lessees withheld and remitted to the BIR withholding
creditable taxes
On August 7, 1987, petitioner requested the CIR for a tax credit for the
overpayment of taxes in the first and second quarters of 1985.
Thereafter, petitioner filed a claim for refund of creditable taxes withheld
by their lessees from property rentals in 1985 and 1986.
Pending the investigation, petitioner filed a petition for review with the
CTA.
Contentions Petitioner [Name] Respondent [Name]
Petitioner argues that its claims for
refund and tax credits are not yet
barred by prescription relying on
the applicability of Revenue
Memorandum Circular No. 7-85
issued on April 1, 1985.
The circular states that
overpaid income taxes are not
covered by the two-year
prescriptive period under the
tax Code and that taxpayers may
claim refund or tax credits for the
excess quarterly income tax with
the BIR within ten (10) years
under Article 1144 of the Civil
Code.
Lower Courts Denied the request of petitioner for a tax refund or credit on the ground
that it was filed beyond the two-year reglementary period provided for
COURT OF TAX by law.
APPLEALS
Appellate Court Affirmed in toto the CTA’s decision.
Issue Whether or not the Court of Appeals erred in denying the plea for
tax refund or tax credits on the ground of prescription, despite
petitioner's reliance on RMC No. 7-85, changing the prescriptive period
of two years to ten years?
SC Ruling NO. Petition was denied.
Basic is the principle that "taxes are the lifeblood of the nation." From
the same perspective, claims for refund or tax credit should be exercised
within the time fixed by law because the BIR being an administrative
body enforced to collect taxes, its functions should not be unduly
delayed or hampered by incidental matters.
The rule states that the taxpayer may file a claim for refund or credit
with the Commissioner of Internal Revenue, within two (2) years after
payment of tax, before any suit in CTA is commenced. The two-year
prescriptive period provided, should be computed from the time of filing
the Adjustment Return and final payment of the tax for the year.
When the Acting Commissioner of Internal Revenue issued RMC 7-85,
changing the prescriptive period of two years to ten years on
claims of excess quarterly income tax payments, such circular
created a clear inconsistency with the provision of Sec. 230 of
1977 NIRC.
In so doing, the BIR did not simply interpret the law; rather it
legislated guidelines contrary to the statute passed by
Congress.
It bears repeating that Revenue memorandum-circulars are considered
administrative rulings (in the sense of more specific and less
general interpretations of tax laws) which are issued from time to
time by the Commissioner of Internal Revenue. It is widely accepted that
the interpretation placed upon a statute by the executive officers, whose
duty is to enforce it, is entitled to great respect by the courts.
Nevertheless, such interpretation is not conclusive and will be
ignored if judicially found to be erroneous. Thus, courts will not
countenance administrative issuances that override, instead of remaining
consistent and in harmony with the law they seek to apply and
implement.
In the case of People vs. Lim, it was held that rules and
regulations issued by administrative officials to implement a
law cannot go beyond the terms and provisions of the latter.
Further, fundamental is the rule that the State cannot be put in estoppel
by the mistakes or errors of its officials or agents. As pointed out by the
respondent courts, the nullification of RMC No. 7-85 issued by the Acting
Commissioner of Internal Revenue is an administrative interpretation
which is not in harmony with Sec. 230 of 1977 NIRC. for being contrary
to the express provision of a statute.
Hence, his interpretation could not be given weight for to do so
would, in effect, amend the statute.
