F.R. ESTUAR & ASSOCIATES DEVELOPMENT & MANAGEMENT CO., INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION F.R. ESTUAR & ASSOCIATES CTA CASE NO. 9366 DEVELOPMENT & Members: MANAGEMENT CO., INC., Petitioner, -versus- DEL ROSARIO, P.J./ Chairperson UY, and MINDARO-GRULLA, JJ. COMMISSIONER OF Promulgated: INTERNAL REVENUE, ,~�,p;.:3'-o..~ Respondent. ,..., X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION Before this Court is petitioner's Motion for Leave to Withdraw Petition, filed on June 15, 2017, with respondent's Comment (Re: Motion for Leave to Withdraw Petition), filed on July 5, 2017. In its motion, petitioner avers that it was notified that respondent issued a Warrant of Garnishment dated November 8, 2016 directing China Banking Corporation (CBC) to distrain and garnish in favor of respondent so much of petitioner's deposit as to cover the amount of P1,512,524.25 representing the alleged total deficiency tax due and collectible. Petitioner further avers that it was informed by CBC that in compliance with the said warrant, CBC already prepared a check in the required amount for immediate surrender to respondent. Effectively, petitioner claims that respondent already collected the alleged tax deficiency. Because of this development, petitioner was allegedly constrained to re-evaluate its options and available remedies and

RESOLUTION CTA CASE NO. 9366 after careful deliberation, its boa d of directors decided that it would be to petitioner's best interest to no longer pursue the present petition especially considering hat respondent already enforced collection through the adm nistrative summary remedy of garnishment. In his comment, responde~ states that he leaves the resolution of the issue to the sound discret on of the Court provided that if the case is dismissed the same cann t anymore be refiled. I i WHEREFORE, considerin~ the reasons cited by petitioner, its Motion for Leave to Withdraj' Petition is GRANTED. I Accordingly, CTA Case No. b366 is deemed WITHDRAWN and considered CLOSED and TERMifNATED. SO ORDERED. AEsRs~~~Ps.tiUcYe Presiding Justice G1JJ;~,M~J.~ .. _,c~ CIELITO N. MINOA"RO-GRULLA Associate Justice