GREEN CORE GEOTHERMAL, INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION GREEN CORE GEOTHERMAL CTA Case No. 10142 INC ., Petitioner, -versus- Members: DEL ROSARIO , P.J., Chairperson, FABON-VICTORINO, and MANAHAN, JJ. COMMISSIONER OF INTERNAL REVENUE, Promulgated: Respondent. X- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - RESOLUTION For this Court's resolution is petitioner's Motion to Withdraw Petition for Review filed on September 12, 2019 seeking the withdrawal of the Petition for Review filed with this Court on July 26, 2019. The Petition for Review involves a claim for refund of alleged excess and unutilized input value-added tax (VAT) for the first quarter of calendar year 2017. Petitioner elucidates that upon careful evaluation of the case, it has decided to no longer pursue its judicial appeal with this Court and cited Section 3 of Rule 50 of the Revised Rules of Court which allows the withdrawal of an appeal prior to the filing of an appellee's brief. In his Comment filed on October 7, 2019, respondent submits the resolution of petitioner's motion to the sound discretion of the Court provided that the case shall be dismissed with prejudice.

RESOLUTION CTA CASE No. 10142 Records show that prior to the filing of the instant motion, respondent has yet to file an Answer to the Petition for Review.1 WHEREFORE, premises considered, the Court resolves to GRANT petitioner's Motion to Withdraw Petition for Review filed on September 12, 2019. Accordingly, the Petition for Review filed by petitioner on July 26, 2019 docketed as CTA Case No. 10142 is hereby DISMISSED. Presiding Justice .. ~~T~ ciate Justice CATHERINE T. MANAHAN Associate Justice 1 Order of the Court dated September 10,2019