CIR v.

Primetown, GR 162155, August 28, 2007

FACTS: Gilbert Yap, Vice Chair of Primetown applied on March 11, 1999 for a refund or credit of income
tax which Primetown paid in 1997. He claimed that they are entitled for a refund because they suffered
losses that year due to the increase of cost of labor and materials, etc. However, despite the losses, they
still paid their quarterly income tax and remitted creditable withholding tax from real estate sales to BIR.
Hence, they were claiming for a refund. On May 13, 1999, revenue officer Elizabeth Santos required
Primetown to submit additional documents to which Primetown complied with. However, its claim was
not acted upon which prompted it to file a petition for review in CTA on April 14, 2000. CTA dismissed
the petition as it was filed beyonf the 2-year prescriptive period for filing a judicial claim for tax refund
according to Sec 229 of NIRC. According to CTA, the two-year period is equivalent to 730 days pursuant
to Art 13 of NCC. Since Primetown filed its final adjustment return on April 14, 1998 and that year 2000
was a leap year, the petition was filed 731 days after Primetown filed its final adjusted return. Hence,
beyond the reglementary period. Primetown appealed to CA. CA reversed the decision of CTA. Hence,
this appeal.

ISSUE: W/N petition was filed within the two-year period

HELD: Pursuant to EO 292 or the Administrative Code of 1987, a year shall be understood to be 12
calendar months. The SC defined a calendar month as a month designated in the calendar without
regard to the number of days it may contain. The court held that Administrative Code of 1987 impliedly
repealed Art 13 of NCC as the provisions are irreconcilable. Primetown is entitled for the refund since it
is filed within the 2-year reglementary period.