SICA repeal and abatement of rehabilitation proceedings barred further control over company assets; illegal share allotments and sales were struck dow...
The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
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