Sitel

Philippines
Corporation v.
CIR
CTA Case No.
7623
FACTS OF
THE CASE

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 The petitioner is engaged in the business of providing call center services from
the Philippines to domestic and offshore businesses including, but not limited to,
tactical telemarketing campaigns and programs and customer relationship
management services.
The petitioner is registered with the Bureau of Internal revenue (BIR) as a VAT
FACTS Taxpayer with TIN/VAT registration No. 208-780-708 effective December 14,
2000.
They were formerly known as Clientlogic Philippines, Inc. which was
subsequently amended to Sitel Philippines
For the period from January 1, 2005 to December 31, 2005 the petitioner filed its
quarterly VAT Returns.

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 An amended quarterly VAT Return for the 1st quarter of 2005 was filed by
petitioner on March 21, 2006, while the amended Quarterly VAT Returns for the
2nd, 3rd and 4th quarters of 2005 were filed on July 31, 2006.

FACTS The amended Quarterly VAT Return for the 1st quarter of 2006 filed by
petitioner on July 31, 2006 did not carry over the amount subject of the herein
claim for refund or tax credit.
On March 30, 2007, petitioner timely filed separate formal claims for refund or
issuance of tax credit with the One-Stop Shop Inter-Agency Tax Credit and Duty
Drawback Center of the Department of Finance for its unutilized input VAT arising
from domestic purchases of goods and services attributable to zero-rated
transactions and purchases/importations of capital goods for the 1st to 4th
quarters of 2005, respectively, in the aggregate amount of Php 12,892,120.42

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ISSUE OF
THE CASE

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ISSUE WHETHER OR NOT THE PETITIONER IS
ENTITLED TO REFUND OR ISSUANCE OF A TCC.

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RULING
OF THE
COURT

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 Yes, the petitioner is entitled to a refund or
issuance of a tax credit certificate which shall be
RULING reduced to the amount of Php 917, 812.29, which
shall represent the input VAT paid on capital
goods purchased for the second quarter of 2015.

There are four requisites necessary to prove that

a business entity is to be entitled to an issuance
of a Tax Credit Certificate of input tax due once
the purchase is by virtue of zero-rated sales.

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 REQUISITES FOR TCC ISSUANCE FOR ZERO-
RATED SALES:
RULING 1. That there must be a zero-rated or
effectively zero-rated sales.
2. That input taxes were incurred and paid.
3. That input taxes were not applied against any
output VAT liability.
4. That the claim for refund was filed within the
two-year prescription period.

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 The petitioner failed to prove that the sale was
attributable to zero-rated sales as well as their
RULING compliance to the requisites was questionable.

On the other hand, they also had a claim of a

refund or issuance of a TCC by virtue of input VAT
paid on capital goods purchased.
The following are the requisites:
1. Petitioner was a VAT registered entity;
2. That its input taxes claimed were paid on
capital goods duly supported by VAT invoices
and/or official receipts;
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 3. Petitioner did not offset or apply the claimed
input VAT payments on capital goods against any
RULING output VAT liability;
4. The claim for refund was filed within the two-
year prescriptive period both in administrative
and judicial levels;
The petitioner was able to comply with the
aforementioned requisites as regards sales of
capital goods. As the records show they have a
reversal of Php 19,680.04 therefore they are only
entitled to a refund of Php 917, 821.29

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