In a 22-page decision, the CTA junked Comelec’s Petition for Review of the Bureau of Internal Revenue’s December 2019 ruling affirming its March 2019 Final Decision on Disputed Assessment .
The CTA said that even if the court accepted the Comelec’s reasoning that the person who received the notice was a casual employee, the CTA said the poll body failed to provide evidence that the person had no authority to receive documents for the Comelec. The court said that the Comelec did not raise the issue of the propriety of BIR’s service of FLD/FAN in Comelec's Protest Letters dated February 19, 2019, and February 28, 2019, and that the Comelec even apologized for the delay in responding to the FLD/FAN.
"The COMELEC had put forward positive defenses and justifications which we would be elevating to the Honorable Supreme Court. We will be incorporating justifications and defenses in our Petition for Review on Certiorari," Laudiangco told GMA News Online.a significant part of the P329,196,954.32 alleged under remittance as of 2015 was already paid;
The CTA, however, said that the Comelec's defenses in its February 2019 protests of the FLD/FAN were not considered by the BIR when it issued the FDDA.
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