BETTERFIELD PHILIPPINES CORP., v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS AGHAM ROAD, QUEZON CITY Third Division BETTERFIELD PHILIPPINES CTA CASE NO. 9682 CORP. Petitioner, Members: -versus- UY, Chairperson, and RINGPIS-LIBAN, and COMMISSIONER OF MODESTO-SAN PEDRO, JJ. INTERNAL REVENUE Respondent. Promulgated: RESOLUTION Before the Court is a Motion to Dismiss filed by petitioner Betterfield Philippines Corp. on August 5, 2019. The Motion seeks for the dismissal of the Petition for Review filed by petitioner on September 8, 2017, which prayed for the refund of the Creditable Withholding Tax (CWT) payments made in the aggregate amount of PhP164,490,884. Said CWT arose from the partial payments made by petitioner for its purchase on installment of a parcel of land situated in the South Road Properties in Cebu City which petitioner later intended to rescind. In its "Motion to Dismiss," petitioner avers that, considering the City Government of Cebu's failure to return the partial payments made as consideration for the sale transaction, petitioner now considers the option of simply pursuing the Contract of Sale for the South Road Properties instead of rescinding it. On August 8, 2019, the Court ordered respondent to file Comment on petitioner' s "Motion to Dismiss." Respondent then filed his " Comment (To Motion to Dismiss)" on August 22, 2019, manifesting that he is interposing no objection to said Motion.

RESOLUTION CTA CASE NO. 9682 Page 2 of2 Considering respondent's "Comment (To Motion to Dismiss)," the Court deemed the petitioner's Motion submitted for resolution on August 29,2019. WHEREFORE, given the merit of petitioner's "Motion to Dismiss" and with no objection interposed by respondent, the same is hereby GRANTED. Accordingly, let the Petition for Review filed by petitioner on September 8, 2017 be DISMISSED and considered closed and terminated. SO ORDERED. E~P.UY a.,.~ 4 '- \ Associate Justice MA. BELEN M. RINGPIS-LIBAN Associate Justice ustice