cta_resolution CTA Case No. 98019801 2019-11-25

AZ CONTRACTING SYSTEM SERVICE, INC., VS. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY Third Division AZ CONTRACTING SYSTEM CTA CASE NO. 9801 SERVICE, INC., Petitioner, Members: -versus- UY, Chairperson, RINGPIS-LIBAN, and MODESTO-SAN PEDRO, JJ. COMMISSIONER OF INTERNAL Promulgated: . ?------= Respondent. REVENUE, ~: ~ "! q . ..,.. . X------- ----- ---- --- ------- --- ------ -- ---------------X RE SOLUTION For this Court's resolution are the following: 1. Petitioner's Formal Offer of Evidence, ftled on July 4, 2019, with Respondent's Comment and Manifestation (on Petitioner's Formal Offer of Evidence), flied on July 19, 2019;and 2. Petitioner's Motion to Withdraw Petition, ftled on July 29, 2019, with Respondent's Manifestation (on Petitioner's Motion to Withdraw Petition), ftled on September 11,2019. On July 4, 2019, Petitioner ftled its Formal Offer of Evidence, praying for the Court to admit all of its documentary evidence. Relative thereto, Respondent ftled his Comment and Manifestation (on Petitioner's Formal Offer of Evidence) on July 19, 2019. However, on July 29, 2019, Petitioner ftled a Motion to Withdraw Petition. In its motion, Petitioner manifests its intention to withdraw the present Petition for Review regarding its claim for refund of its unutilized

RESOLUTION CTA CASE NO. 9801 creditable withholding taxes for the year 20151 in the amount ofP15,171,579.00 as it has decided to wind up its business operations in the country and is no longer interested to pursue the same. Attached to its motion is a Corporate Secretary's Certificate authorizing Petitioner's counsel to file the present motion. On September 11, 2019, Respondent filed his Manifestation (on Petitioner's Motion to Withdraw Petition), stating that he will no longer ftle a comment on Petitioner's Motion to Withdraw Petition and submits the same to the sound discretion of this Court. WHEREFORE, in view of the foregoing, petitioner's Motion to Withdraw Petition is GRANTED. Accordingly, the instant Petition for Review is deemed WITHDRAWN, and this case is considered CLOSED and TERMINATED. Consequendy, the resolution of petitioner's Formal Offer of Evidence is already MOOT. SO ORDERED. ERL~P.UY Associate Justice \IN_~ --6� ' - MA. BELEN M. RINGPIS-LIBAN Associate Justice {On L9:1'19) MARIA ROWENA MODESTO-SAN PEDRO Associate Justice 1 In its Manifestation filed on August 8, 2019, petitioner stated that it mistakenly indicated in its Motion to Withdraw Petition that its claim for refund of its unutilized creditable withholding taxes was for the year 2016 instead of 2015. The Court noted the same in the Resolution dated September 3, 2019.

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