The fact that the “Creditable Tax Withheld” portion of the Annual Income Tax Return
of the taxpayer which was left blank should not be taken lightly. It is well settled that
much credence is imbued in the Annual Income Tax Return. The taxpayer asserts
the truth and correctness in the declarations made therein, explicitly stating that the
same are made under the penalties of perjury. Such declaration is made pursuant to
the provisions of Section 267 of the NIRC.
Applying this provision to the instant case, taxpayer’s failure to fill up the “Creditable
Tax Withheld” portion, coupled by the inability of the pieces of evidence submitted to
prove that the income subjected to the claimed unutilized creditable withholding tax
was declared as part of its gross income, is fatal to a claim for issuance of TCC on
the unutilized creditable withholding tax. (Orix Auto Leasing Corporation vs.
Commissioner of Internal Revenue, CTA EB Case No. 1016, December 9, 2013)
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