PHILIPPINE MINING DEVELOPMENT CORPORATION v. THE COMMISSIONER OF INTERNAL REVENUE and THE HEAD REVENUE EXECUTIVE ASSISTANT, LARGE TAXPAYER SERVICE, in their official capacities as officers of the Bureau of Internal Revenue

REPUBLIC OF THE PHILIPPINES Court of Tax Appeals QUEZON CITY Third Division PHILIPPINE MINING DEVELOPMENT CTA CASE NO. 8427 CORPORATION, Present: Petitioner, -versus- BAUTISTA, Chairperson PALANCA-ENRIQUEZ, and THE COMMISSIONER OF INTERNAL REVENUE and THE HEAD REVENUE COTANGCO-MANALASTAS, J1. EXECUTIVE ASSISTANT, LARGE TAXPAYER SERVICE, in their official N Promulga~ � 3 2013 capacities as officers of the Bureau of Internal Revenue, ~~ /.'J?�---. Respondents. X--------------------------------------------------------------------- X RESOLUTION On November 13, 2012, petitioner, Philippine Mining Development Corporation, filed a "Motion to Withdraw Petition," stating that parties, after reconciliation of their accounts, have found acceptable the reduced tax deficiency subject of this case; that petitioner is willing to pay the stated amount; and that respondents are willing to accept the same. Petitioner also attached Board Resolution No. BD-16-12, Series of 2012, to its Motion. On November 19, 2012, the Court ordered respondents Commissioner of Internal Revenue and the Head Revenue Executive Assistant, Large Taxpayer Service to file their Comments. Per Records Verification of the Judicial Records Division dated December 4, 2012, respondents failed to file their Comments despite notice thereof.

RESOLUTION CTA CASE NO. 8427 Philippine Mining Development Corporation vs. CcimunissiOJler of Internal Revenue Section 3 of Rule 50 of the Revised Rules of Court provides as follows: SEC. 3. Withdrawal of appeal.- An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court. (Underlining ours.) Considering that petitioner has manifested that the parties have arrived at a reduced tax deficiency acceptable to both, the "Motion to Withdraw Petition" is hereby GRANTED. WHEREFORE, premises considered, the Petition for Review is hereby deemed WITHDRAWN. This case is hereby considered CLOSED and TERMINATED. SO ORDERED. L (Retired) OLGA PALANCA-ENRIQUEZ Associate Justice