POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY THIRD DIVISION POWER SECTOR ASSETS AND CTA CASE NO. 9525 LIABILITIES MANAGEMENT Members: {PSALM) CORPORATION, Petitioner, -versus- BAUTISTA, Chairperson FABON-VICTORINO, and RINGPIS-LIBAN, JJ. Promulgated: COMMISSIONER OF INTERNAL n A11J. 2 !:: : 2JU~ REVENUE, '2- /''- � Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x RESOLUTION This resolves petitioner's Manifestation with Motion to Withdraw Petition filed on July 5, 2018. Petitioner avers that during the parties' meeting on April26, 2017, they agreed as follows: 1. PSALM shall pay the remaining principal of the 2011 Value-Added Tax (VAT) deficiency assessment amounting to Php113,964,004.16 subject of this case; and 2. PSALM shall file its Application for Abatement of the corresponding interest before the Bureau of Internal Revenue (BIR). On May 3, 2017, petitioner paid its remaining 2011 VAT deficiency assessment and filed its Application for Abatement with the BIRon June 5, 2017.

RESOLUTION CTA Case No. 9636 During the Pre-Trial Conference on July 25, 2017, petitioner moved for the withdrawal of the instant Petition for Review on the ground that it already paid the VAT deficiency assessment subject of the instant case and filed the corresponding Application for Abatement. The Court nevertheless proceeded with the Pre-Trial Conference pending the approval of its Application for Abatement by respondent. On April 3, 2018, respondent issued his Certificate of Approval of petitioner's Application for Abatement. Hence, the instant motion to withdraw petitioner's Petition for Review filed on January 19, 2017. In his Manifestation [Re: Petitioner's Manifestation with Motion to Withdraw Petition] filed on July 27, 2018, respondent states that petitioner's payment of its VAT deficiency assessment for 2011 has been confirmed by Revenue Officer Edalyn T. Dayacap of the BIR's Large Taxpayer Audit Division I. In view thereof, he submits petitioner's Manifestation with Motion to Withdraw Petition to the sound discretion of the Court. Finding merit and there being no objection on the part of respondent, petitioner's Motion to Withdraw Petition, is hereby GRANTED. WHEREFORE, the Petition for Review filed on January 19, 2017, is WITHDRAWN. This case is deemed CLOSED and TERMINATED. SO ORDERED. (On Leave) LOVELL R. BAUTISTA Associate Justice ON-VICTORINO ~r~ ~'-' MA. BELEN M. RINGPIS-LIBAN Associate Justice