THIRD DIVISION
[G.R. No. 78615. February 22, 1988.]
PAPER INDUSTRIES CORPORATION OF THE PHILIPPINES, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, ET AL., respondent.
NOTICE
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Third Division of this Court dated February 22, 1988
The Court GRANTED the Motion for Extension of Time to File Comment on the Petition for Review by the Solicitor General, for ten (10) days from 1 December 1987; and NOTED Solicitor General on 4 December 1987.
In a decision dated 15 February 1987, the Court of Tax Appeals, in C.T.A. Case No. 3215 entitled "Paper Industries Corporation of the Philippines v. Commissioner of Internal Revenue", upheld the view of the respondent-Commissioner that petitioner was not exempt from the seven percent (7%) sales tax for the fourth quarter of 1973 and the first and second quarters of 1974 amounting to P1,151,012.68 and P881,030.03, respectively. At the same time, the respondent Court of Tax Appeals held that the right to issue and enforce the revised assessment against petitioner for such sales taxes had already prescribed, thus rendering its holding that petitioner was not exempt from such sales taxes unavailing in this case. cd i
Petitioner asks this Court to review and set aside the aforementioned decision of the Court of Tax Appeals to the extent that it held that the extension by the Board of investments of the one hundred percent (100%) exemption from sales taxes granted to petitioner PICOP on 19 December 1973 for three (3) more years, was not valid and effective prior to approval of such extension by the National Economic and Development Authority (NEDA) on 31 March 1974. The Court considers that there is no real necessity to address the issue raised by petitioner since the respondent Court of Tax Appeals also held that the right to issue the revised assessment had already prescribed which ruling has not been appealed from. This Court does not render advisory opinions.
ACCORDINGLY, the Court Resolved to DENY the Petition for Review.
Very truly yours,
JULIETA Y. CARREONClerk of CourtThird Division