No, CCC, Inc. should first file a motion for reconsideration with the CTA Division. Petition for review of a decision or resolution of the Court in…
2011 Bar Exam · Taxation Law · Question 46 · Multiple choice
The question
No, CCC, Inc. should first file a motion for reconsideration with the CTA Division. Petition for review of a decision or resolution of the Court in Division must be preceded by the filing of a timely motion for reconsideration or new trial with the Division. Before the CTA En Banc could take cognizance of the petition for review concerning a case falling under its exclusive appellate jurisdiction, the litigant must sufficiently show that it sought prior reconsideration or moved for a new trial with the concerned CTA division. When a BIR decision affirming an assessment is appealed to the CTA, the BIR's power to garnish the taxpayer's bank deposits: (2011 Bar Question)
- A.is suspended to await the finality of such decision.
- B.is suspended given that the CTA can reverse BIR decisions when prejudicial to the taxpayer.
- C.is not suspended because only final decisions of the BIR are subject to appeal.
- D.is not suspended since the continued existence of government depends on tax revenues.
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