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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Ardent Global, Inc., a Philippine-based software development company that provides IT-enabled services to foreign clients, challenges a CTA Division decision sustaining a BIR corporate income tax deficiency arising from intercompany service transactions. The Division denies the petition, and Ardent files a petition for review with the CTA En Banc on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, contending misapplication of tax rules on intercompany income. The En Banc denies the petition. Which statement about CTA En Banc review is correct?

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If En Banc denies, the Division’s decision becomes final; there is no further remedy. En Banc review is available only for grave abuse amounting to lack or excess of jurisdiction; it may review only questions of law, cannot reweigh pure facts, and upon denial, the petitioner may still seek relief from the Supreme Court on questions of law. The CTA En Banc may review both questions of law and findings of fact and may substitute its own conclusions on factual matters when grave abuse is alleged; A denial terminates remedies. En Banc review allows reexamination of the record by new evidence; The En Banc can consider new evidence not previously presented.

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