CHINA BANKING CORPORATION v.COMMISSIONER OF INTERNAL REVENUE (Consolidated with Case No. 7076)

REPUBliC OF THE PHiliPPINES Coon Ol TIXIPPBIIS QUEZON CITY SECOND DIVISION CHINA BANKING CORPORATION, C.T.A. CASE NO. 7026 Petitioner, -versus- COMMISSIONER OF INTERNAL C.T.A. CASE NO. 7076 REVENUE, Respondent. X---------------------------------------------X CHINA BANKING CORPORATION, Petitioner, Members: -versus - CASTANEDA, JR., Chairperson UY, and PALANCA-ENRIQUEZ, JJ. COMMISSIONER OF INTERNAL Promulgated: REVENUE, Respondent. AUG 0 8 2ooy ~ /~:>:of< .,.. . X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X RESOLUTION Petitioner's "Manifestation" filed on May 2, 2008, alleging that it availed of the Abatement Program of the Bureau of Internal Revenue (" BIR") under Revenue Regulations No. 15-2006 and paid the subject deficiency Gross Receipts Tax on FCDU-Onshore for the years 1999 and 2000; and , Documentary Stap Tax on FCDU Loans for the year 1999, is hereby NOTED.

RESOLUTION C.T.A. CASE NOS. 7026 & 7076 Page 2 of2 As regards petitioner's Motion filed on May 2, 2008, it alleges that it previously availed of the One Time Administrative Abatement Program of the BIR regarding the tax assessments on deficiency Documentary Stamp Tax on SSD-RBU for calendar year ending December 31 , 1999 and deficiency Documentary Stamp Tax on SSD for calendar year 2000; and that the BIR issued Termination Letters dated March 15, 2007 and March 19, 2007. In support thereof, petitioner attached copies of the said Termination Letters. Thus, petitioner prays that "the issues on the tax assessments on deficiency Documentary Stamp Tax on SSD-RBU for the calendar year ending December 31 , 1999 and deficiency Documentary Stamp Tax on SSD for calendar year 2000, raised in CTA Case No. 7026, be considered withdrawn." Considering the allegations and prayer of the petitioner in its motion , the same is hereby treated as a "Motion to Withdraw the Petition" in C.T.A. Case No. 7026. Finding the motion to be well taken , the same is hereby GRANTED. WHEREFORE, the Petition for Review in C.T.A. Case No. 7026 is deemed WITHDRAWN . Let the initial presentation of the evidence for the respondent in C.T.A. Case No. 7076 be set on September 8, 2008, at 9:00 a.m., as previously scheduled . SO ORDERED. O.~~"hO � ~~ QU'R.. ffuANITO C. CASTANED.( Associate Justice ER~UY Associate Justice