FORTUNE PLASTIC PROCESSING & CHEMICAL CORPORATION represented by WILLY TSAI v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Court of Tax Appeals QUEZON CITY Third Division FORTUNE PLASTIC PROCESSING & CTA CASE NO. 9642 CHEMICAL CORPORATION represented by WILLY TSAI, Members: Petitioner, UY, Chairperson, RINGPIS-LIBAN, and -versus- MODESTO-SAN PEDRO, JJ COMMISSIONER OF INTERNAL Promulgated: REVENUE, FF R ~O?f' x -----------------------------------------------R---e--s-p--o--n--d--e--n--t-.------- ? P -~ ---------------L . " --~-~------;1~0-:-~-~---------- X RESOLUTION For this Court's resolution is petitioner's "Motion to Withdraw Petition," filed on 10 February 2020. Petitioner's Motion stems from its availing of the tax amnesty for its deficiency tax for the taxable year 2008, which is the subject of the instant Petition for Review. As the Bureau ofInternal Revenue approved of said tax amnesty, petitioner contends that the instant Petition should be considered moot and academic. 1 Respondent's counsel, in the hearing held by the Court on 11 February 2020, interposed no objection to petitioner's Motion. 2 The Supreme Court has elucidated on the procedure for the withdrawal of pending appeals before this Court in Commissioner ofInternal Revenue vs. Nippon Express (Phils.) Corporation3, where it held that: "A perusal of the Revi sed Rules of the Court of Tax Appeals (RRCTA) reveals the lack of provisions governing the procedure for the withdrawal of pending appeals before the CTA. Hence, pursuant to Section 3, Rule 1 of the RRCTA, the Rules of Court shall suppletoril y apply : SEC. 3. Applicability oftlze Rules of Court. - The Rules of Court in the Philippines shall apply suppletorily to these Rules. 1 Rollo (Vol. II), no page numbers. 2 Rollo (Vol. II), no page number. 3 G.R. No. 212920, 16 September 201 5.

RESOLUTION CTA CASE NO. %42 Page 2of 2 Rule 50 of the Rules of Court (now the 1997 Rules of Civil Procedure) - an adjunct rule to the appellate procedure in the CA under Rules 42, 43, 44, and 46 ofthe Rules of Court which are equally adopted in the RRCTA - states that when the case is deemed submitted for resolution, withdrawal of appeals made after the filing of the appellee's brief may still be allowed in the discretion of the court: RULE SO DISMISSAL OF APPEAL XXX XXX XXX Section 3. Withdrawal of appeal. - An appeal may be withdrawn as of right at any time before the filing ofthe appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court." ~:_- Petitioner's Motion at this stage is thus addressed to the sound discretion of this Court. Considering that the instant Petition has not yet been submitted for decision and that respondent interposes no objection to the instant Motion, the Court resolves to grant the same. WHEREFORE, petitioner's "Motion to Withdraw Petition" is hereby GRANTED. The instant Petition for Review, filed 7 August 2017, is hereby DISMISSED, and the case is considered CLOSED and TERMINATED. No further pleadings or motions shall be entertained herein. SO ORDERED. ER~P.UY Associate Justice .)M, ~ ,4vz___ MA. BELEN M. RINGPIS-LIBAN Associate Justice Justice