Allowing the appeal the Court held that the order passed by the High Court dismissing the appeal was unsustainable and to be set aside. The High Court was to decide and dispose of the appeal afresh, in accordance with law and on its own merits, passing a speaking and reasoned order after recording the submissions made on behalf of the respective parties. If the High Court was of the opinion that the proposed questions were not substantial questions of law and were on factual aspects, it would be open to it to consider them in accordance with law. (AY. 2010-11)
PCIT v. Bajaj Herbals Pvt. Ltd. (2022) 443 ITR 230 / 212 DTR 231 / 326 CTR 32 /287 Taxman 163 (SC)
S. 260A : Appeal-High Court-Substantial question of law-High Court-Dismissal of appeal non-speaking and non-reasoned order-Unsustainable-High Court to dispose of appeal afresh passing speaking and reasoned order.