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REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. TEAM (PHILS.) ENERGY CORPORATION (FORMERLY MIRANT (PHILS.) ENERGY CORPORATION), RESPONDENT.

REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. TEAM (PHILS.) ENERGY CORPORATION (FORMERLY MIRANT (PHILS.) ENERGY CORPORATION), RESPONDENT.

G.R. No. 188016 | 2015-01-14

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

The Republic of the Philippines, represented by the Commissioner of Internal Revenue, appeals the decision promulgated on April 15, 2009,1 whereby the Court of Tax Appeals En Banc (CTA En Banc) upheld the decision of the CTA in Division rendered on May 15, 2008 ordering the Commissioner of Internal Revenue to refund or to issue a tax credit certificate in favor of the respondent in the modified amount of P16,366,412.59 representing the respondent’s excess and unutilized creditable withholding taxes for calendar years 2002 and 2003.

Antecedents
 
Respondent Mirant (Philippines)...