PETRON CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PETRON CORPORATION, CTA CASE NO. 10280 Petitioner, -versus- Members: CASTANEDA, JR. , Chairperson, and BACORRO-VILLENA, JJ. COMMISSIONER OF INTERNAL REVENUE , Promulgated : Respondent. DEC l 8 2020 X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION For the Court's resolution is petitioner Petron Corporation 's "Motion to Withdraw Petition for Review (with Motion to Cancel Scheduled Hearings and Filings)" filed on 02 October 2020. Initially, on 15 June 2020, petitioner filed a Petition for Review seeking a refund or issuance of Tax Credit Certificate (TCC) in the amount of P1 04,149,177.00. 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 01 December 2020, respondent Commissioner of Internal Revenue failed to file his comment thereto. 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 shall not be dismissed at the plaintiffs instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pl eaded by a

CTA CASE NO.~ Petron Corporation v. CIR RESOLUTION Page 2 of2 X--------------- - - - ---X (with Motion to Cancel Scheduled Hearings and Filings)" is hereby GRANTED. Accordingly, petitioner's Petition for Review filed on 15 June 2020 is DISMISSED. SO ORDERED. 9. c.~ I<:J,. JUANffO C. CASTANbA, JR. Associate Justice .... -VILLENA de fendant prior to the service upon him of the plaintiffs motion for dismissal , the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action un less within fifteen ( 15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the sam e action. Unless otherwise specified in the order, a di smissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.