PETRON CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PETRON CORPORATION, CTA CASE NO. 10235 Petitioner, -versus- Members: CASTANEDA, JR., Chairperson, and BACORRO-VILLENA, JJ. COMMISSIONER OF -!'"'A. INTERNAL REVENUE, Respondent. Promulgated: d Pr-- ~ DEC 0 4 ZOZO 1; X- - -- - - - - - - - - - - - - - - -- -- - - - --- - - - - - - - - - - - --- - - RESOLUTION For the Court's resolution is petitioner Petron Corporation's "Motion to W ithdraw Petition for Review (with Motion to Cancel Scheduled Hearings and Filings)" filed on 02 October 2020. Initially, on 26 December 2019, petitioner filed a Petition for Review seeking a refund or issuance of Tax Credit Certificate (TCC) in the amount of P143,138,016.00. Upon filing of the instant motion, the Court in a Resolution dated 09 October 2020 ordered respondent to file its comment thereon within ten (1 0) days from receipt of such order. However, as per Records Verification dated 16 November 2020, respondent Commissioner of Internal Revenue has still yet to file his comment. WHEREFORE , in accordance with Section 2, Rule 17 of the Rules of Court1, petitioner's "Motion to Withdraw Petition for Review SEC. 2. Dismissal upon motion of plaintiff. - Except as provided in the preceding section, a complaint sha ll not be dismissed at the plaintifrs instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counte rclaim has been pleaded by a

CTA CASE NO. 10235 Petron Corporation v. CIR RESOLUTION x------------------x (with Motion to Cancel Scheduled Hearings and Filings)" filed on 02 October 2020 is hereby GRANTED. Accordingly, petitioner's Petition for Review filed on 26 December 2019 is DISMISSED. SO ORDERED. c. e. JUANffO C. ~aT~A~N~E/D.AfGJ_R. Associate Justice ..... defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint. The dismissa l shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action. Unless otherwise speci fied in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.