FOURTH DIVISION
[CA-G.R. SP NO. 42406. October 11, 2010.]
FAR EAST BANK AND TRUST COMPANY (NOW BANK OF THE PHILIPPINE ISLANDS)/FEB INVESTMENTS, INC., petitioner, vs. COURT OF TAX APPEALS AND COMMISSIONER OF INTERNAL REVENUE, respondents.
DECISION
DIAMANTE, F.N., J p:
This case was originally raffled to then Justice Demetrio G. Demetria when the petition was filed in 1996. No action on the petition was taken by Justice Demetria until his separation from the Court in 2002. Unfortunately, the case could not be re-raffled to another Justice as the records of this case could no longer be located. The records were reconstituted only in 2009 at the behest of petitioner Far East Bank. The case was raffled to this ponente only on February 24, 2010 as part of his initial caseload.
Before Us on petition for review under Rule 43 of the 1997 Rules of Civil Procedure is the February 7, 1996 Decision 1 of the Court of Tax Appeals (CTA) in CTA Case No. 4895 partially granting the claim for refund of petitioner Far East Bank and Trust Company. Likewise assailed...