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Philippine Bar review · Question

Practice question: Remedies from CIR’s Denial or Failure to Act

Multiple Choice Hard Jurisprudence

Practice question

The CIR’s duly authorized representative denies a protest. Within thirty days of receipt, the taxpayer seeks reconsideration by the CIR rather than immediately appealing to the CTA. Assuming compliance with the regulation, is that administrative route categorically unavailable?
  1. No, RR 18-2013 recognizes elevation by reconsideration to the CIR as an alternative to the timely CTA appeal from the representative’s denial
  2. Yes, only a criminal complaint is possible
  3. Yes, the representative’s decision can never be reviewed
  4. Yes, but the taxpayer may instead demand a new reinvestigation in that administrative appeal
  5. Yes, every denial must be appealed directly to the Supreme Court

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 228
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/67487 — RR 18-2013, section 3.1.4, disputed assessments
  • https://lawphil.net/judjuris/juri2012/mar2012/gr_171251_2012.html — Lascona Land Co., Inc. v. CIR, G.R. No. 171251, March 5, 2012
  • https://lawphil.net/judjuris/juri2023/jul2023/gr_244202_2023.html — Mannasoft Technology Corporation v. CIR, G.R. No. 244202, July 10, 2023

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