E.E. BLACK LTD. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION E.E. BLACK LTO., CTA CASE NO. 9963 Petitioner, Members: -versus- CASTANEDA, JR., Chairperson, and MINDARO-GRULLA, 11. COMMISSI ONER OF Promulgated: I NTERNAL REVENUE, MAY 31 2019 / Respondent. 17 ~: 11 ~ �4 � X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X RESOLUTION For this Court's resolution are petitioner's Mot ion for Leave to Wit hdraw Petition for Review, filed on March 6, 2019 and respondent's Manifestation with Motion to Withdraw BIR Records, filed on March 25, 2019. In its Motion for Leave to Withdraw Petition for Review, petitioner alleges that on October 25, 2018, petitioner filed its Petition for Review to appeal the respondent's decision dated September 17, 2018 granting only P1,878,502.30 out of the claim of P8,170,293.48, representing the unutilized input VAT attributable to zero-rated sales for the period April 1, 2016 to June 30, 2016. However, considering the amount involved, cost of litigation, petitioner is amenable to get now the amount of refund partially granted by the respondent than to wait for the final outcome of the case. Petitioner further alleges that the Large Taxpayers Service Division of the Bureau of Internal Revenue will proceed to process the check for the amount of refund previously partially granted in the letter dated September 17, 2018.

RESOLUTION CTA CASE NO. 9963 Hence, petitioner moves for leave to withdraw the instant Petition for Review to comply with the requirements of respondent. Respondent interposed no objection to petitioner's motion but prays that the Court allow him to withdraw the BIR Records of the case should the Court deems the withdrawal proper. WHEREFORE, premises considered, petitioner's Motion for Leave to Withdraw Petition for Review and respondent's Manifestation with Motion to Withdraw BIR Records are GRANTED. Accordingly, the Petition for Review is considered WITHDRAWN and the case is considered CLOSED and TERMINATED. SO ORDERED. $2. c. G.,d--.,-o!.../;)... ~ r_-oT_...O .. t-JN.. M.:~ # b'~ JUANITO C. CASTANEDA, JR. MINDARO-GRULLA Associate Justice Associate Justice