Philippine National Bank v. Commissioner of Internal Revenue/Commissioner of Internal Revenue v. Philippine National Bank

 Philippine National Bank v. Commissioner of Internal  Revenue/Commissioner of Internal  Revenue v. Philippine National Bank 

GR No. 242647 / 243814

March 15, 2022 

Whether or not the presentation of CWT certificates is indispensable in proving the existence of prior year’s excess credits 

Yes. The certificate of creditable tax withheld at source is the competent proof to establish the fact that taxes are withheld. It is not necessary for the person who executed and prepared the certificate of creditable tax withheld at source to be presented and to testify personally to prove the authenticity of the certificates. It is complete in the relevant details which would aid the courts in the evaluation of any claim for refund of creditable withholding taxes. Here, the subject claim pertains to excess tax credits, i.e., undiminished by any income tax liability. Petitioner only proffered as evidence its Schedule of Creditable Withholding Taxes for the years 2000 to 2009 and 2011 to 2013. The said Schedule, standing alone, does not constitute proof that petitioner had prior year's excess credits. Without the corresponding CWT certificates to support petitioner's claim, the said amount cannot be applied against the reported income tax liability of petitioner for taxable year 2010 amounting to P75,036,131.92. Hence, a portion of the substantiated CWT in the amount P285,373,676.59 shall be applied against the said income tax liability. 

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