An order was passed by Principal Commissioner under section 263 on ground that there was lack of proper enquiry as to issue of share capital premium. Assessee preferred an appeal before Tribunal against said order on ground that order under section 263 was barred by limitation. Tribunal held that issues raised in appeals were covered by several orders passed by Tribunal including order in case of Subhlakshmi Vanijya (P.) Ltd. v. CIT [2015] 60 taxmann.com 60/155 ITD 171 (Kol)(Trib.). Tribunal has not dealt with merit of the case. On appeal allowing the appeal the Court held that Tribunal not having touched upon merits of assessee’s case, matter was  sent back to Tribunal to take a decision on merits and in accordance with law.  (AY. 2009-10)