UPSI PROPERTY HOLDINGS, INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY ENBANC ************ UPSI PROPERTY HOLDINGS, INC., C.T.A. EB NO. 437 Petitioner, (C .T.A. Case No. 7702) Members: - versus - ACOSTA, PJ CASTANEDA, JR. BAUTISTA, UY, CASANOVA, and PALANCA-ENRIQUEZ, JJ. COMMISSIONER OF INTERNAL Promulgated: REVENUE, Respondent. MAY 2 9 200 ~/7J"'/,/L/,:df(tr-~ . e---- X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -rX' 11, ' RESOLUTION UY, :J.: A Petition for Review was filed on December 19, 2008 before the Court en bane, seeking to annul and set aside the Resolutions dated August 29 , 2008 and November 14, 2008 issued by the First Division of the Court of Tax Appeals in C.T.A. Case No. 7702 , entitled "UPSI Property Holdings, Inc., petitioner vs . Commissioner of Internal Revenue, respondent". On January 14, 2009, a Resolution was issued ordering respondent to file his comment thereto; and subsequently, on February 25, 2009 , another Resolution was issued ordering both parties to file their memoranda. Only petitioner filed its Memorandum on April 1, 2009 ; while respondent failed to file his comment and memorandum to this case. Consequently, the present case was deemed submitted for decision on April 30, 2009. However, a "Manifestation and Motion to Withdraw Petition" was filed on May 6, 2009 by petitioner seeking the withdrawal of the present petition . Its motion is grounded on the fact that the issues presented before the Court en ~ bane has become moot due to the subsequent Resolution dated April 8, 2009

RESOLUTION CTA EB Case No. 437 Page 2 of2 issued by the First Division of this Court in C.T.A. Case No. 7702 , canceling the subject assessments on deficiency income tax, value-added tax, and documentary stamp tax issued against petitioner, as a result of its entitlement to the immunities and privileges under Section 6 of Republic Act No. 9480 , otherwise known as the Tax Amnesty Act of 20071. On May 12, 2009, a Resolution was issued ordering respondent to file his comment thereto, but despite notice, no comment was filed. WHEREFORE , in view of the foregoing considerations and finding the said motion to be in order, petitioner's "Manifestation and Motion to Withdraw Petition" filed on May 6, 2009 is hereby GRANTED . Accordingly, the instant Petition for Review filed on December 19, 2008 is deemed WITHDRAWN, and the case is considered CLOSED and TERMINATED. SO ORDERED. E~.UY Assoc1ate Justice WE CONCUR: ~~ li . Q."-""- ERNESTO D. ACOSTA Presiding Justice Q . c . ~~ . Sk Juf(NITO c. CASTANEDa, JR. Associate Justice CAESAR A. CASANOVA ~~?l'~- Associate Justice OLGA PALANCA-ENRIQUEZ Associate Justice 1 Department Order No . 29-07 of the Department of Finance.