APO CEMENT CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Coon of Tax Appeals QUEZON CITY SECOND DIVISION APO CEMENT CORPORATION, C.T.A. CASE NO. 7386 Petitioner, Members: -versus- CASTANEDA, JR., Chairperson UY, and PALANCA-ENRIQUEZ, JJ. COMMISSIONER OF INTERNAL Promulgated: REVENUE, MAY 2 9 20)!9 ? '-------------- Respondent. X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X RESOLUTION f t=lf> � It\ � For resolution is petitioner's " Motion to Cancel Tax Assessment (With Motion to Admit Attached Formal Offer of Evidence)" filed on April 27, 2009. Respondent did not file his comment thereto despite notice. In its motion, petitioner prayed for an order/resolution be issued: (i) granting the admission of its Formal Offer of Evidence; (ii) granting the motion to cancel assessment pursuant to the provisions of RA 9480; and (iii) canceling the assessment notices issued against the petitioner for deficiency income tax in the amount of P42,054,640.99 and deficiency Value Added Tax in the amount of P11 ,642,200.64 for taxable year 2002. As regards petitioner's Motion to Admit Attached Formal Offer of Evidence, the same is hereby GRANTED, and petitioner's Formal Offer of Evidence is ADMITTED. Accordingly, Exhibits "D" to "VV-1" are hereby

RESOLUTION C.T.A. CASE NO. 7386 Page 2 of2 . ADMITTED, subject to the Court's final evaluation and/or appreciation of their purposes, materiality, relevancy, and probative value to the issues involved in this case. As regards the "Motion to Cancel Tax Assessment," a perusal of the records reveals that petitioner, a qualified tax amnesty applicant, has availed of the tax amnesty on January 25, 2008, and has fully complied with the requirements set forth in RA No. 9480, Department Order No. 29-07, and Revenue Memorandum Circular No. 19-2008; and the one (1)-year period provided under Section 4 of RA 9480 had lapsed . Pursuant to the decision of the Supreme Court in the Philippine Banking Corporation, (now Global Business Banking) vs. Commissioner of Internal Revenue (G .R. No. 170574, January 30, 2009) , petitioner's "Motion to Cancel Tax Assessment" is hereby GRANTED. WHEREFORE, premises considered, the subject assessments for deficiency Income Tax and deficiency Value Added Tax for the year 2002 are hereby CANCELLED and SET ASIDE solely in view of petitioner's availment of the Tax Amnesty under RA 9480. Accordingly, the instant case is hereby considered CLOSED and TERMINATED. SO ORDERED. AERs~ ~~~stiUcYe ~QU~AN:InTO,CC. C. AaSdTA-N~ED~A,~~.R. Associate Justice ~~IQUEZ Associate Justice