MYREGALO.COM INC (formerly `MYAYALA.COM.PH`) v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Court of Tax Appeals QUEZON CITY FIRST DIVISION MYREGALO.COM INC. CTA Case No. 9468 (formerly "MYAYALA.COM.PH"), Members: Petitioner, DEL ROSARIO, P.J. Chairperson, UY, and -versus- MINDARO-GRULLA, JJ. COMMISSIONER OF INTERNAL Promulgated : REVENUE, ~\1: ,'tu�; .joo- ....... Respondent. x- -- - - -- -- - - RESOLUTION For resolution is petitioner's Motion for Withdrawal of Petition filed on September 20, 2017 , without respondent's comment despite due notice as per Records Verification dated November 2, 2017. Records disclose that on September 14, 2016, petitioner filed a Petition (with Motion to Suspend Collection of Tax) praying that respondent's Final Decision on Disputed Assessment dated August 15, 2016, which held petitioner liable for alleged deficiency Income Tax and Value Added Tax for taxable year 2011 in the aggregate amount of Fourteen Million One Hundred Seventy Eight Thousand Five Hundred Seventy Pesos and Thirteen Centavos (P14, 178,570.13) , be reversed, set aside and declared null and void. In its Motion , petitioner stated that it has decided to withdraw the pending Petition in order to give way to the compromise settlement of the Income Tax and Value Added Tax assessments against it for taxable year 2011 with respondent.

RESOLUTION MyRegalo.com Inc. (formerly "MyAyala.co(r.ph'? vs. Commissioner of Internal Revenue CTA Case No. 9468 Pursuant to the Revised ules of the Court of Tax Appeals (RRCTA), the Rules of Court sh II suppletorily apply to the RRCTA1 and the procedure in the Court E Bane or in Division in original and in appealed cases shall be the sam as those in petitions for review and appeals before the Court of App als.2 In this regard, Section 3, Rule 50 of the Rules of Court provides: "RULE 50 DISMISSAL OF APPEAL XXX SEC. 3. Withdrawal of a~eal. -An appeal may be withdrawn as of right at any time befor the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court." There being no objection frqm respondent, there is no reason for the Court not to grant the Motion for Withdrawal of Petition. By withdrawing its Petiti n, petitioner is deemed to have accepted respondent's Final Dec sian on Disputed Assessment dated August 15, 2016, assessing it o deficiency Income Tax and Value Added Tax in the total amount of Fourteen Million One Hundred Seventy Eight Thousand Five H ndred Seventy Pesos and Thirteen Centavos (P14, 178,570.13). WHEREFORE, petitioner's Motion for Withdrawal of Petition is GRANTED. The Petition is DIS ISSED and the case is considered CLOSED and TERMINATED. The inal Decision on Disputed Assessment dated August 15, 2016, assessing petitioner for deficiency Income Tax and Value Added Tax in the to al amount of Fourteen Million One Hundred Seventy Eight Thousand Five Hundred Seventy Pesos and Thirteen Centavos (P14, 178,570. 3), is DECLARED final and executory. SO ORDERED. Presiding Justice 1 Section 3, Rule 1 of the RRCTA. 2 Section 1, Rule 7 of the RRCTA.

RESOLUTION MyRegalo.com Inc. (formerly "MyAyala. vs. Commissioner of Internal Revenue CTA Case No. 9468 � r.:t4- ~0 N. M~L-- . C~ AEssR~~~~.stUiYce N. MINDArfO-GRULLA Associate Justice