TRIDHARMA MARKETING CORPORATION, INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Court of Tax Appeals QUEZON CITY SECOND DIVISION *********** TRIDHARMA MARKETING CTA CASE NO. 8833 CORPORATION, INC., Members: Petitioner, -versus- CASTANEDA, JR., Chairperson, and CASANOVA, JL COMMISSIONER OF INTERNAL Promulgated: REVENUE, SEP 1 6 2016 3 ~ oy f'?t Respondent. X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X RESOLUTION On August 23, 2016, this Court received a Notice of Judgment from the Supreme Court stating that a Decision was rendered by its First Division on June 20, 2016 in a special civil action for certiorari entitled TRIDHARMA MARKETING CORPORATION vs. COURT OF TAX APPEALS, SECOND DIVISION, and THE COMMISSIONER OF INTERNAL REVENUE, G.R. No. 215950, the dispositive portion of which reads as follows: "WHEREFORE, the Court GRANTS the petition for certiorari; ANNULS and SETS ASIDE the resolutions issued on July 8, 2014 and December 22, 2014 in CTA Case No. 8833 requiring the petitioner to post a surety bond of P4,467,391,881.76 as a condition to restrain the collection of the deficiency taxes assessed against it; PERMANENTLY ENJOINS the enforcement of the resolutions issued on July 8, 2014 and December 22, 2014 in CTA Case No. 8833; and REQUIRES the Court of Tax Appeals, Second Division, to forthwith conduct a preliminary hearing in CTA Case No. 8833 to determine and rule on whether the bond required under Section 11 of Republic Act No. 1125 may be

RESOLUTION CTA CASE NO. 8833 Page 2 of2 dispensed with or reduced to restrain the collection of the deficiency taxes assessed against the petitioner. No pronouncement on costs of suit. SO ORDERED." Accordingly, in light of the foregoing incident, this Court will set a preliminary hearing for the sole purpose of properly addressing the questions involving the suspension of collection of taxes and the correct amount of the bond, should there be any, to be imposed thereon. WHEREFORE, premises considered, let this case be set for preliminary hearing on October 24, 2016 at 9:00a.m. SO ORDERED. 9.. c.cs~D4/9. . J2__, JUANITO c. CASTANEUA, JR. CAESAR A. CASANOVA Associate Justice Associate Justice