Commissioner of Internal Revenue v. First Philippine Electric Corp.

EN BANC[C.T.A. EB CASE NO. 2091. November 11, 2020.](C.T.A. Case No. 9199)COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. FIRST PHILIPPINE ELECTRIC CORPORATION, respondent.DECISIONUY, J p:The instant Petition for Review 1 filed on July 17, 2019 by the Commissioner of Internal Revenue against First Philippine Electric Corporation, prays for the partial reversal of the Decision dated February 8, 2019 and Resolution dated June 4, 2019, promulgated by the Special Second Division of this Court, in CTA Case No. 9199, entitled, "First Philippine Electric Corporation, Petitioner vs. Commissioner of Internal Revenue, Respondent," the dispositive portions of which respectively read as follows: Decision dated February 8, 2019:"WHEREFORE, the Petition for Review is PARTIALLY GRANTED. The assessments against petitioner for taxable year ended December 31, 2009 covering deficiency income tax, VAT and EWT are CANCELLED and SET ASIDE. However, the assessments for taxable year ended December 31, 2009 covering deficiency withholding tax on compensation, DST and increments for late payment of FBT are AFFIRMED but with adjustments.Accordingly, petitioner is ORDERED TO PAY the aggregate amount of P3,361,472.36, inclusive of 25%...