FORTUNE CEMENT CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SPECIAL THIRD DIVISION REPUBLIC CEMEN T CTA CASE NO. 6823 CORPORATION, Members: Petitione1~ RINGPIS-LIBAN, Chairperson, MODESTO-SAN PEDRO, and FERRER-FLO RES,JJ. - versus - COMMISSION ER OF P ro m ulgated: INTE RN AL REVEN UE, APR 3 o202; Rejpo11de11t. X----- --- --- ----------- -- ----------- --- --------------------- ------------------- ------- ----------X RESOLUTION ln the Resolution dated June 6, 2008, the First Division declared cancelled and withdrawn Final lo tice and Assessment otice Nos. TFD -98-IT-013-03, TFD-98-\ ',\T-014-03, TFD- 98-WF-015-03 (Final Withholding T ax-Interest on 1-'orcign Loans), 'l'FD-98-\'(!R-016-03 (Final Withholding T ax- Fringe Benefits) and TFD -98-DST-017-03. Tn the Resolution dated September 5, 2008, the First Division denied the Commissioner o fi nternal Revenue (CIR)'s l'v'Iotion for Reconsideration for lack of merit. On October 13, 2008, the CIR appealed by way of a Petition for Review docketed as CfA EB Case o. 421 before the CTA En Bane. On .\lay 29, 2009, the CT1\ En Bam� issued a D ecision which partially granted the Petition for Review; affirmed the cancellation of the Final Notice and _\ ssessmem Notices os. TFD - 98-IT-013-03, T FD -98-VAT-014-03; reversed and set aside the cancellation of the hnal Notice and Assessment Notice Nos. 'ri�D-98-\'\IF-015-03(Final \'\lithholding Tax-Interest on Foreign Loans), Tl"D-98-WR-016-03 (Final \Xlithholding Tax- Fringe Benefits) and TFD - 98-DST-017-03; and ordered the remand of the case to the Court in Division for fu rther proceedings on the said remaining issues for trial on the m e n ts .

RESOLUTION CTA CASE NO. 6823 The CIR and Republic Cement Corporation (RCC) flied their iVIotions for Panial Reconsideration o n June 18, 2009 and June 22, 2009, respectively, assailing the T\Iay 29, 2009 D ecision. On July 8, 2009, the CL\ En Bant' issued a Resolution which modified th e May 29, 2009 D ecision; declared RCC's D ST liability (FD -98-DST-01 7-03) closed and tcrm.inated; affirmed the cancellation of Assessment No tices Nos. TFD-98- IT-013-03, Tl"D-98-V.\ T- 014-03; and the case be remanded to the Division Cor the purpose of resolving the issue on the validity of the assessments for F\XIT - interest on foreign loans and FWT-fringe benefits. On .\ ugust 28, 2009, RCC flied with the Supreme Court a Petition for Re,�ie,,� on Certiorari docketed as G .R. o. 188727 ques tioning the May 29, 2009 Decision and July 8, 2009 Resolution in CTA E B Case No. 421 concerning Assessment Notices o n PWT interest on foreign loans and FWT-fringe benefits fo r taxable year 1998; and that the said tax liabilities with corresponding assessmem no tices be considered closed and terminated. C)n Ocwber 29, 2009, RCC filed an Urgent fo tion to Suspend Procel'dings before the First Division. On January 5, 2010, the First Division den.ied petitioner's Motion to Suspend P roceedings for lack of merit and pursuant to CTA Admin.istrative Circular \:o. 01 -2010 which expanded the membership in the CTA, the case was e\'l'nt ually trans ferred LO the Special Third Divisio n chaired by H o n. Lovell R. Bautista. In the Resolution dated September 15, 2010, the Court in Division held in abeyance th e proceedings until the Supreme Court resolves with finality RCC's Petition fo r Review o n Cet1iora~i and cancelled petitioner's presentation o f evidencl' until further notice. The Cou rt in Division through Hon. Lovell R. Bautista, Hon. Esperanza Fabon-\ 'ic torino, now retired and H on. i\Ia. Belen M. R.ingpis-L.iban issued a Resolution dated January 4, 2018, ordering that the above-captioned case be sent to th e .\rchives in view of the Resolution dated September 15, 2010. On .\larch 22, 2022, the Court in D ivision received the Supreme Court's Resolu tion dated June 14, 2021. In the same Resolution, the Suprem e Court declareu RCC's Petition fo r Review on Certiorari moot and academic in view of its availtTH.: nr of the Tax .\ mnesty on delinquencies and the CIR's cancellation of the a:,;:-;cssmcn t at issue; and th e case as closed and terminated.

RESOLUTION CTA CASE NO. 6823 On August 10, 2022, the Court in Division received the Supreme Court's Entry of Judgment certifying that on September 8, 2021, the June 14, 2021 Resolution became final and executory and recorded in the Book of Entries of Judgments. On September 1, 2022, the Court in Division received RCC's Manifestation and Compliance filed with the Supreme Court. RCC stated that on r\ugust 5, 2022, it received the otice of Entry ofJudgment issued by the Supreme Court. IN VIEW OF THE FOREGOING, the present case is now deemed CLOSED and TERMINATED. SO ORDERED. ~.~~'-- MA. BELEN M. RINGPIS-LIBAN Associate Justice MARIARO ON LEAVE CORAZON G. FERRER-FLORES .\ ssociate Justice