DAHON REALTY CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBliC OF THE PHiliPPINES Coon Ol ToIPDIIIS QUEZON CITY SECOND DIVISION DAHON REALTV CORPORATION, C.T.A. CASE NO. 7284 Petitioner, Members: -versus - CASTANEDA, JR., Chairperson UY, and PALANCA-E NRIQUEZ, JJ. THE COMMISSIONER OF Promulgated: INTERNA L REVENUE, MAY 2 0 2008 / Respondent. X-- ---------- - -- ------- - - ----- -- -- - - - -- - - ~ - _lf_:~~ _,._trt_�_X RES O LUTION For consideration is petitioner's "Manifestation an d Moti on " filed on March 12, 2008, without respondent filing her comment/objection thereto despite notice. In its Manifestation and Motion , petitioner alleges that it availed of the tax amnesty under the provisions of Republic Act No. 9480, otherwise known as the "Tax Amnesty Act of 2007;" and fully paid the amount of P1 ,342,560.89 representing 5% of its net worth as of the fiscal year ended March 31 , 2005. It also attached faithful reproductions of the originals of the following documents :

RESOLUTION C.T.A. CASE NO. 7284 Page 2 of2 1. Notice of Availment of Tax Amnesty;1 2. Statement of Assets and Liabilities and Networth (SALN) as of March 31, 2005; 2 3. Tax Amnesty Return- BIR Form No. 2116;3 4. Tax Amnesty Payment Form- BIR Form No. 0617;4 and 5. Land Bank of the Philippines BIR Tax Payment Deposit Slip dated March 4, 2008 in the amount of P1 , 342 ,560 .89 .5 In Metropolitan Bank and Trust Company vs. Commissioner of Internal Revenue (C.T.A. EB No, 269, March 28, 2008) , the Court En Bane has ruled that a taxpayer desiring to avail of the benefits of a tax amnesty must conform with the requirements specified under Section 2 of R.A. 9480 and submit pertinent forms prescribed in Section 6(a) , Rule Ill of the Implementing Rules and Regulations of R.A. 9480; and , compliance with the Tax Amnesty Law of 2007 shall result in the extinguishment of the taxpayer's tax deficiencies. WHEREFORE, petitioner's Motion to withdraw the Petition for Review is GRANTED. The above-titled case is now considered CLOSED and TERMINATED. Respondent is ordered to DESIST from further collecting petitioner's deficiency income tax, including its interests, covered by this tax amnesty. SO ORDERED. a"' .f~UA;NIT<O ,C. .CAcST.AN~EDA~/J~. Associate Justice E~. UY ~ Associate Justice OLGA PALANCA-ENRIQUEZ Associate Justice 1 Annex "A". 2 Annex "B". 3 Annex "C". 4 Annex "D". 5 Annex "E".