In a resolution made public on Tuesday, July 18, the SC denied Makati City’s petition as it modified the decision handed down by the Court of Tax Appeals on Sept. 16, 2011 as a full court and the resolution dated Jan. 19, 2012.
The second division ordered Makati City to pay the BIR P1.04 billion in deficiency taxes for taxable years 1999 to 2001 an P217.8 million in deficiency taxes for taxable years 2002 to 2004. It then asked the SC to hold in abeyance the resolution of the petition to give chance to its extra-judicial settlement. In 2015, both the BIR and Makati City were required to inform the SC on the development on their extra-judicial settlement.
Later, the BIR manifested it has no objection on the motion to dismiss filed by Makati City. The SC did not act on the motion to dismiss since both the BIR and Makati City failed to provide a copy of the compromise agreement. “Wherefore, the Motion to Dismiss with Prejudice and the Petition for Review on Certiorari, both filed by the petitioner City of Makati, are denied. The Decision dated Sept. 16, 2011 and Resolution dated Jan. 19, 2012 of the Court of Tax Appeals En Banc in CTA EB Case No. 641 {CTA Case No. 7809) are affirmed with modification.
“Deduct from the foregoing the following payments already made by the City of Makati: P400,000,000; and P301,979,220.58.
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