TRIUMPH INTERNATIONAL (PHILIPPINES), INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY THIRD DIVISION TRIUMPH INTERNATIONAL CTA Case No. 1 1240 (PHILIPPINES), INC., Petitioner, Members: -versus- MANAHAN, Chairperson, REYES-FAJARDO, and ANGELES, JJ. COMMISSIONER OF INTERNAL Promulgated: REVENUE, Respondent. JAN 2 G2025 X - - - - - - - - - - - - - - - - - - - - - - - - - ~- LQ :_:Jt;-~� I.J!<.! - - X RESOLUTION On October 31, 2024 petitioner filed a Motion to Withdraw Petition for Review (By Petitioner Triumph International (Philippines), Inc.) seeking the withdrawal of its petition due to the compromise settlement of its tax liability assessment with the respondent. On the other hand, respondent, in his Manifestation filed on November 12, 2024, did not register any objection on the said motion and submits its resolution to the discretion of this Court. Section 2, Rule 17 of the Rules of Court, as amended, provides: Section 2. Dismissal upon motion ofplaintiff- Except as provided in the preceding [S]ection, a complaint shall not be dismissed at the plaintiffs instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.

RESOLUTION CTA Case No. 11240 WHEREFORE, premises considered, petitioner's Motion to Withdraw Petition for Review (By Petitioner Triumph International (Philippines), Inc.) is hereby GRANTED. Accordingly, the instant case is CLOSED and TERMINATED. SO ORDERED. c~� -~ CATHERINri. MANAHAN Associate Justice ~~ F.~-F~�~ MARIAN 1VfJ F . RE~S-FAj'ARDO Associate Justice iP HENRY ANGELES Associate Justice