CIR inaction deemed denial
The inaction of the CIR on the claim during the 120-day period is, by express
provision of law, "deemed a denial" of such claim, and the failure of the
taxpayer to file its judicial claim within 30 days from the expiration of the
120-day period
shall render the "deemed a denial" decision of the CIR final and
inappealable.
The right to appeal to the CTA from a decision or "deemed a denial" decision of
the Commissioner is merely a statutory privilege, not a constitutional right.
The exercise of such statutory privilege requires strict compliance with the
conditions attached by the statute for its exercise. Thus, failure to comply
with the statutory conditions is fatal to a claim. This is so, notwithstanding
the fact that the CIR, for his part, failed to raise the issue of non-compliance
with the mandatory periods at the earliest opportunity. (CIR v. San Roque Power
Corporation, G.R. Nos. 187485, 196113, and 197156, February 12, 2013, cited
in CIR v. Burmeister, G.R. No. 190021, October 22, 2014)In the case of Nippon Express (Philippines) Corporation v. CIR (G.R. No.
196907, March 13, 2013), the Supreme Court ruled that, because
the 120+30-day period is jurisdictional, the issue of whether the
taxpayer complied with the said time frame may be broached at any stage,
even on appeal. Well-settled is the rule that the question of jurisdiction over the subject
matter can be raised at any time during the proceedings. Jurisdiction cannot
be waived because it is conferred by law and is not dependent on the consent
or objection or the acts or omissions of the parties or any one of them.
(G.R. No. 190021, October 22, 2014)