FIRST GEN GEOTHERMAL POWER CORP., v. HON KIM S. JACINTO-HENARES - IN HER CAPACITY AS THE COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY THIRD DIVISION FIRST GEN GEOTHERMAL C.T.A. CASE NO. 8773 POWER CORP., Members: Petitioner, - versus - BAUTISTA, Chairperson FABON-VICTORINO, and RINGPIS-LIBAN, JJ. HON, KIM S. JACINTO- HENARES - IN HER CAPACITY Promulgated: AS THE COMMISSIONER OF II 1z?2={!-flta:n/--. INTERNAL REVENUE, Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x RESOLUTION This resolves: 1. Petitioner's Manifestation with Motion to Withdraw Petition filed on June 16, 2014; 2. Respondent's Comment and Motion filed by registered mail on June 19, 2014; and 3. Respondent's Manifestation and Submission filed on June 23, 2014. In its Manifestation with Motion to Withdraw Petition, petitioner moves to allow the withdrawal of the instant Petition for Review having paid and settled through Electronic Filing and Payment System 1 (EFPS) the deficiency documentary tax assessment subject of the instant case on June 4, 2014. 1 Annex "A", Manifestation with Motion to Withdraw Petition.

RESOLUTION C. T.A. Case No. 8773 In her Comment and Motion thereto, respondent interposes no objection to petitioner's Motion to withdraw Petition. However, she requests that the filing of her Memorandum to petitioner's Motion for Suspension of Collection of Taxes and/or Issuance of Temporary Restraining Order per Resolution dated June 5, 2014, be held in abeyance pending the resolution of petitioner's Motion to Withdraw Petition. Finding merit and there being no objection registered by respondent, petitioner's Motion to Withdraw Petition, is hereby GRANTED. On the other hand, the Manifestation and Submission filed by respondent on June 23, 2014, submitting additional four (4) copies of her Comment and Motion in compliance with the Revised Rules of the Court of Tax Appeals, is hereby NOTED. WHEREFORE, the Petition for Review is deemed WITHDRAWN. Accordingly, the instant case is deemed CLOSED and TERMINATED. SO ORDERED. ESPE ~.~~-~� MA. BELEN M. RINGPIS-LIBAN Associate Justice