PETRON CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPU BLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY THIRD DIVISION PETRON CORPORAT ION, CTA CASE NO. 9236 Petitioner, Members: -versus- BAUTISTA, Chairperson FABON- VICTORINO, and RINGPIS-LIBAN ,JJ. COMMISSIONER OF Promulgated: INTERNAL REVENUE, AUG 1 6 2016 Respondent. c.... ~----�- y .'t;7~ / � - . X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X RESOLUTION For resolution is Petitioner's Motion to Withdraw Petition for Review (with Motion to Cancel Pre-Trial Conference) flied on July 29, 2016, with respondent's Comment flied on August 2, 2016. In its motion, petitioner states that the Petition for Review was filed for the purpose of claiming a refund or for the issuance of a tax credit certificate (TCC) in the amount of Fifty Three Million Seven Hundred One Thousand Nine Hundred Seventy Two Pesos W53,701,972.00) representing excise taxes erroneously paid by petitioner on its sales and deliveries of imported tax-paid Jet A-1 Fuel to various international carriers and tax-exempt entities, covering the period January 1, 2014 to December 31, 2014. Petitioner manifests that its administrative application for tax refund or issuance of a TCC for excise taxes paid during January 1, 2014 to December 31, 2014 was partially granted. On June 28, 2016, the Bureau of Internal Revenue recommended the issuance of a TCC in the amount of Fifty Million Eight Hundred Seventy Three Thousand One Hundred Ninety Eight and 69/100 W50,873,198.69). Accordingly, the Bureau of Customs issued a TCC in favor of petitioner on June 30, 2016.

RESOLUTION CTA CASE NO. 9236 Petitioner thus prays that its Petition for Review be withdrawn from the records of the Court and that the Court's Order dated May 17, 2016 setting the Pre-Trial Conference on September 6, 2016 be cancelled. In his Comment, respondent states that he interposes no objection to petitioner's motion. WHEREFORE, petitioner's Motion to Withdraw Petition for Review (with Motion to Cancel Pre-Trial Conference) is hereby GRANTED. The Petition for Review is hereby DISMISSED. Consequently, the Pre-Trial Conference set on September 6, 2016 is hereby CANCELLED. SO ORDERED. LOVELL .r:AUTISTA Associate Justice ESPE QM.~~'-' MA. BELEN M. RINGPIS-LIBAN Associate Justice