This case has been cited 2 times or more.
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2015-07-22 |
LEONEN, J. |
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| The provision of Section 72 of the 1977 National Internal Revenue Code (Section 79 of the 1997 National Internal Revenue Code) regarding withholding on wages must be read and construed in harmony with Section 29(j) of the 1977 National Internal Revenue Code (Section 34(K) of the 1997 National Internal Revenue Code) on deductions from gross income. This is in accordance with the rule on statutory construction that an interpretation is to be sought which gives effect to the whole of the statute, such that every part is made effective, harmonious, and sensible,[97] if possible, and not defeated nor rendered insignificant, meaningless, and nugatory.[98] If we go by the theory of petitioner ING Bank, then the condition imposed by Section 29(j) would have been rendered nugatory, or we would in effect have created an exception to this mandatory requirement when there was none in the law. | |||||
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2007-06-08 |
CHICO-NAZARIO, J. |
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| It bears emphasis at this point that the rationale in computing the two-year prescriptive period with respect to the petitioner corporation's claim for refund from the time it filed its final adjustment return is the fact that it was only then that ACCRAIN could ascertain whether it made profits or incurred losses in its business operations. The "date of payment", therefore, in ACCRAIN's case was when its tax liability, if any, fell due upon its filing of its final adjustment return on April 15, 1982. In another case, Commissioner of Internal Revenue v. TMX Sales, Inc.,[15] this Court further expounded on the same matter A re-examination of the aforesaid minute resolution of the Court in the Pacific Procon case is warranted under the circumstances to lay down a categorical pronouncement on the question as to when the two-year prescriptive period in cases of quarterly corporate income tax commences to run. A full-blown decision in this regard is rendered more imperative in the light of the reversal by the Court of Tax Appeals in the instant case of its previous ruling in the Pacific Procon case. | |||||