FIFTH DIVISION
[CA-G.R. SP No. 76131. October 3, 2007.]
COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. TAMBUNTING PAWNSHOP, INC., respondent.
D E C I S I O N
TIJAM, J p:
This is a Petition for Review assailing the Court of Tax Appeals': (a) Decision 1 dated January 3, 2002 in CTA Case No. 5991 which declared petitioner's Revenue Memorandum Order No. 15-91 and Revenue Memorandum Circular No. 43-91 null and void, insofar as they classified pawnshops as lending investors subject to the 5% lending investor's tax under Section 116 of the Tax Code, as amended, and which cancelled petitioner's percentage tax assessment based on the aforesaid Revenue Memorandum Order and Circular; and (b) Resolution 2 dated March 17, 2003 which denied petitioner's Motion for Reconsideration 3 of the January 3, 2002 Decision. SECHIA
The facts are as follows:
On March 11, 1991, the Commissioner of Internal Revenue (or "petitioner") issued Revenue Memorandum Order (RMO) No. 15-91 4 imposing a 5% lending investor's tax on pawnshops, based on Section 116 of the Tax Code, as amended, which provides:
"Sec. 116. Percentage Tax on Dealers...
