SECOND DIVISION
[G.R. No. 210519. February 26, 2014.]
COMMISSIONER OF INTERNAL REVENUE, petitioner, vs. EAST ASIA POWER RESOURCES CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 26 February 2014 which reads as follows:
G.R. No. 210519 (Commissioner of Internal Revenue v. East Asia Power Resources Corporation).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the June 17, 2013 Decision 1 and November 27, 2013 Resolution 2 of the Court of Tax Appeals En Banc (CTA En Banc) in CTA EB No. 879 for failure of the Commissioner of Internal Revenue (petitioner) to show that the CTA En Banc committed any reversible error in holding that its assessment of deficiency income and expanded withholding tax liabilities against East Asia Power Resources Corporation (respondent) is barred by prescription.
As correctly ruled by the CTA En Banc, the Waivers of the Defense of Prescription Under the Statute of Limitations executed by respondent on March 22, 2006 and April 26, 2007, were defective for failure to comply with the requirements of Revenue Memorandum Order No. 20-90. As such, the three-year prescription period within which the assessments were to be made by the petitioner was not extended and had therefore, lapsed. (Brion, J., on leave. Leonen, J., designated Acting Member per Special Order No. 1643 dated February 25, 2014.) ATSIED
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 28-42. Penned by Associate Justice Amelia R. Cotangco-Manalastas, with Presiding Justice Roman G. Del Rosario, and Associate Justices Juanito C. Castañeda, Jr., Lovell R. Bautista, Erlinda P. Uy, Caesar A. Casanova, Esperanza R. Fabon-Victorino, and Cielito N. Mindaro-Grulla, concurring; Associate Justice Ma. Belen M. Ringpis-Liban, took no part.
2. Id. at 44-49. Penned by Associate Justice Amelia R. Cotangco-Manalastas, with Presiding Justice Roman G. Del Rosario, and Associate Justices Juanito C. Castañeda, Jr., Lovell R. Bautista, Erlinda P. Uy, Caesar A. Casanova, Esperanza R. Fabon-Victorino, Cielito N. Mindaro-Grulla, and Ma. Belen M. Ringpis-Liban, concurring.