PHILEX MINING CORP. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION PHILEX MINING CORPORATION, CTA CASE NO. 8162 Petitioner, -versus- Members: Acosta, Chairperson, COMMISSIONER OF INTERNAL REVENUE, Uy, and Respondent. Fabon-Victorino, JJ. RESOLUTION Upon manifestation and motion of petitioner's counsel in today ' s hearing, that he filed a "Motion to Withdraw Petition.for Review" on January 14, 2011, stati ng that the Petition was inadvertently filed prematurely, pursuant to Section 112 (C) of the Tax Code, as amended and reiterated by the Supreme Court in the case of Commissioner of Internal Revenue vs. Aichi Forging Company of Asia, In c., and there being no objection from respondent ' s counsel, the motion to w ithdraw petition for review is hereby GRANTED. WHEREFORE, the instant Petition for Review IS hereby WITHDRAWN and this case is considered CLOSED and TERMINATED SO ORDERED. ~[.,.. 0.~ ERNESTO D. ACOSTA ' Presiding Justice EA~~~s.tUicYe