cta_resolution CTA Case No. 77297729 2009-09-22

KIMWA CONSTRUCTION AND DEVELOPMENT CORPORATION/MR. LEO Y. LUA v. BUREAU OF INTERNAL REVENUE/BIR REVENUE DISTRICT NO. 98, CAGAYAN DE ORO CITY

REPUBLIC OF THE PHILIPPl1ES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION KIMWA CONSTRUCTION AND C.T.A. CASE NO. 7729 DEVELOPMENT CORPORATION/ MR. LEO Y. LUA, Members: Acosta, Chairperson, Petitioners, Bautista, Casanova, JJ -versus- COMMISSIONER OF INTERNAL REVENUE, Respondent, LYL DEVELOPMENT CORP. and Promulgated: CEBU CORlE FARMS, INC., Intervenors, SEP 1 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION Upon oral manifestation of petitioners' counsel during the hearing on August 28, 2009, and in view of the Memorandum issued by Assistant Commissioner James Roldan on July 31, 2009, which cancelled the deficiency tax assessments subj ect matter of this case, namely, RR 16-098-054-07, RRI6-098- 066-07, and RR16-098-067-07, thus rendering the cause of action moot, the "Motion to Withdraw Case" filed by petitioners on August 27, 2009, was GRANTED. WHEREFORE, the Instant Petition for Review IS hereby WITHDRAWN and this case is considered CLOSED and TERMINATED. , ---L_9_VEL t---"'-� Q As ciate Justice ERNESIO D. ACOSTA Presiding Justice CAESAR A. CASANOVA Associate Justice

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