Taganito Mining Corporation v. Commissioner of Internal Revenue

The two-year period under Section 229 does not apply to claims for a refund or tax credit for unutilized creditable input VAT because it is not considered ‘excessively’ collected.

G.R. No. 198076, 19 November 2014

The issue was whether or not Taganito’s judcial claim was prematurely filed. It is clear that “the two-year period under Section 229 does not apply to claims for a refund or tax credit for unutilized creditable input VAT because it is not considered ‘excessively’ collected. Instead, San Roque settled that Section 112 applies to claims for a refund or tax credit for unutilized creditable input VAT, thereby making the 120+ 30 day period prescribed therein mandatory and jurisdictional in nature.

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