1. On May 10. 20'! \"I . the nal withholding tax for certain income payments to ABC Corp. was withheld and remitted to the Bureau of Internal Revenue BIR and the corres ondin return therefor was concomitantly filed on the same date. Upon discovering that the amount withheld was excessive. ABC Corp. led with the BIR a claim for refund for erroneously withheld and collected nal withholding income tax on May 3. 2013. A week after. and without waiting for any decision from the Commissioner of Internal Revenue CIR ABC Corp. filed a petition for review before the Court of Tax Appeals (CTA) to make sure that the petition was led within the two (21-year period for claiming refunds. In resisting the claim. the BIR contended that the claim must be dismissed by the CTA on the ground of non-exhaustion of administrative remedies because it did not give the CIR the opportunity to act on the claim of refund. a. Is the BIR's contention meritorious? Explain. b. Assuming that the claim for refund led by ABC Corp. is for excess andZor unutilized input VAT for the second quarter of 201 1 . and for which the return was timely led on July 25. 201 1. would your answer be the same? Explain. 2. As a general rule. within what period must a taxpayer elevate to the Court of Tax Appeals a denial of his application for refund of income tax overpayment? 3. Are all tax refunds to be construed strictly against the claimant-taxpayer? 4. How can VAT be refunded? Explain. 5. XYZ Corp. is listed as a top 20,000 Philippine corporation by the Bureau of Internal Revenue. It secured a loan from ABC Bank with a 6% per annum interest. All interest payments made by XYZ Corp. to ABC Bank is subject to a 2% creditable withholding tax. At the same time, XYZ Corp. has a trust deposit with ABC Bank in the amount of P100,000,000.00, which earns 2% interest per annum, but is subject to a 20% final withholding tax on the interest income received by XYZ Corp. a. Who are the withholding agents in the case of: 1. the 20% final withholding tax; and 2. the 2% creditable withholding tax? Explain. b. When is the deadline for filing a judicial claim for refund for any excess or erroneous taxes paid in the case of: 1. the 20% final withholding tax; and 2. the 2% creditable withholding tax