TAKASAGO IMPORT-EXPORT CORPORATION, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE and the BIR ACTING REGIONAL DIRECTOR, REVENUE REGION NO. 07, QUEZON CITY, respondents.

SPECIAL FOURTH DIVISION[CA-G.R. SP No. 78777. January 31, 2007.]TAKASAGO IMPORT-EXPORT CORPORATION, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE and the BIR ACTING REGIONAL DIRECTOR, REVENUE REGION NO. 07, QUEZON CITY, respondents.D E C I S I O NMAAMBONG, R.E., J p:THE CASEThis is a petition for review under Rule 43 of the 1997 Revised Rules on Civil Procedure that seek to set aside the following resolutions of the Court of Tax Appeals ("CTA" for brevity). 1) CTA Resolution dated October 21, 2002 which upheld the BIR Commissioner's assessments made beyond the three-year statute of limitations against herein petitioner Takasago Import-Export Corporation ("Takasago", for brevity).2) CTA Resolution dated March 26, 2003 which denied the motion for reconsideration filed by Takasago.THE FACTSThe instant appeal stems from a petition for review and annulment of warrant of distraint and/or levy filed by Takasago against the Commissioner before the Court of Tax Appeals on March 13, 2002. In said petition for review, Takasago prayed that the warrant of distraint and/or levy dated February 14, 2002 for the collection of unpaid taxes...