STAR PERFORMANCE, INC. v. COMMISSIONER OF INTERNAL REVENUE

Republic of the Philippines COURT OF TAX APPEALS Quezon City ENBANC STAR PERFORMANCE, INC., En Bane Case No. 78 (CTA Case No. 6434) Petitioner, Present: -versus- ACOSTA, P.J. COMMISSIONER OF INTERNAL CASTANEDA, JR., REVENUE, BAUTISTA, Respondent. UY, CASANOVA, and PALANCA-ENRIQUEZ, JJ. Promulgated: c0 T 1 2 2005 /0xJ}-0J,/l'A A "- / _ _ _ _ _ _V"'j-l-'-----'>y'--'=-t"'J--"-'-1--"-:1t -'r'tl <"< " li{J--- x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x RESOLUTION This is a Petition for Review before the Court of Tax Appeals En Bane filed under Republic Act No. 9282, seeking to (1) MODIFY ------ the November 17, 2004 Decision of the First Division of the Court / of Tax Appeals, DECLARE Petitioner as entitled to a full r:ef_urtd in the amount of Three Million Two Hundred Ten Thousand Five Hundred Ninety Seven Pesos (PhP3,210,597.00) or, at the very least, the amount of Three Million Two Hundred Thousand Seven Hundred Fifty Six Pesos and Forty Eight Centavos (PhP3,200,756.48) representing the allegedly excess income tax payment and creditable withholding taxes paid in 1999 and ORDER Respondent to return such amount to Petitioner; or (2) ALLOW THE RE-OPENING of the proceedings before the First Division of the Court of Tax Appeals for the limited purpose of allowing Petitioner to present additional evidence to further support its entitlement to a full refund or tax credit certificate of excess or unutilized creditable withholding taxes for taxable year 1999 in the amount of Three Million Two Hundred Ten Thousand Five Hundred Ninety Seven Pesos (PhP3,210,597.00) or, at the very least, the

RESOLUTION EB No. 78 (CTA CASE No. 6434) amount of Three Million Two Hundred Thousand Seven Hundred Fifty Six Pesos and Forty Eight Centavos (PhP3,200,756.48). After a careful and thorough perusal, evaluation and consideration of the instant Petition for Review, the Court En Bane finds no cogent reason to disturb the Decision of the First Division promulgated on November 17, 2004 and the Resolution dated March 3 0, 2005, ORDERING the respondent CIR to refund or issue a Tax Credit Certificate in favor of the petitioner in the reduced amount of One Million Two Hundred Seventy One Thousand One Hundred Two Pesos and Forty Eight Centavos (PhP1,271,102.48) representing excess creditable taxes withheld for the taxable year 1999 and DENYING petitioner's "Motion for Partial Reconsideration or to Re-Open the Proceedings" , respectively. What the instant Petition asks is for the Court En Bane to view and appreciate the evidence in their perspective of things, which unfortunately had been resolved and extensively discussed in the assailed Decision and Resolution . Consequently, finding no new matters raised by the petitioner in the instant Petition for Review, the Court En Bane hereby adopts, by reference, the findings of facts and conclusions of law contained in the certified true copy of the assailed Decision and Resolution attached hereto. WHEREFORE, the instant Petition is hereby DENIED DUE COURSE and DISMISSED for lack of merit. SO ORDERED. k-\.s>. o~ ERNESTO D. ACOSTA Presiding Justice ~Gl.-ch c -~~~ / S* JUANITO C. CASTANEDK, JR. Associate Justice

RESOLUTION CAESA~SANOVA EB No. 78 Associate Justice (CTA CASE No. 6434) ... ER~.UY Associate Justice ~l~~~~ OLGA PALANCA~NRIQUEZ Associate Justice CERTIFICATION Pursuant to Sec 13, Art. VIII of the 1987 Constitution, it is hereby certified that the conclusions in the above decision was reached in consultation before the case was assigned to the writer of the opinion of the Court. (L_~~ ~ ERNESTO D. ACOSTA Presiding Justice