Tektite Insurance Brokers, Inc. v. Commissioner of Internal Revenue

FIRST DIVISION [C.T.A. CASE NO. 8903. August 3, 2018.] TEKTITE INSURANCE BROKERS, INC. , petitioner , vs . COMMISSIONER OF INTERNAL REVENUE , respondent . RESOLUTION DEL ROSARIO , P.J p : For resolution is petitioner's " Motion for Reconsideration " filed on May 7, 2018, without respondent's comment thereon despite the period granted as per Records Verification dated June 7, 2018. ISHCcT Petitioner assails the Amended Decision promulgated on April 12, 2018 which modified the imposition of the deficiency and delinquency interest in consideration of the passage of the TRAIN Law. 1 Petitioner seeks for the Court to reconsider its Amended Decision and to order respondent Commissioner of Internal Revenue or his duly authorized representative to cancel and set aside the deficiency tax assessment for taxable year ended December 31, 2010 on the ground of prescription, or in the alternative, for lack of factual and legal basis. The Court notes that petitioner's Motion for Reconsideration reiterates or amplifies the arguments previously raised in its Petition for Review, 2 Memorandum dated May 16, 2017, 3 and Motion for Reconsideration dated November 22, 2017 4 which were already considered and passed upon in the Decision promulgated on November 3, 2017 and the Amended Decision promulgated on April 12, 2018. Since petitioner failed to raise any new or substantial arguments, the Court finds no cogent reason to disturb the conclusions in the assailed Amended Decision. WHEREFORE , premises considered, petitioner's " Motion for Reconsideration " filed on May 7, 2018 is hereby DENIED for lack of merit. CAacTH SO ORDERED. (SGD.) ROMAN G. DEL ROSARIO Presiding Justice Erlinda P. Uy and Cielito N. Mindaro-Grulla, JJ. , concur. Footnotes 1. Republic Act No. 10963 or otherwise known as the "Tax Reform for Acceleration and Inclusion" took effect on January 1, 2018. 2. CTA Docket, pp. 6-28. 3. CTA Docket, pp. 1188-1220. 4. CTA Docket, pp. 1257-1296.