Questão jurídica principal
Whether the appeal against the non-entry decision could examine only the correctness of that decision, not the merits of the tax assessment
Decisão extraída
The court reviewed only whether the non-entry decision was correct, not the substantive tax assessment.
Fundamentação extraída
An appeal against a non-entry decision is limited to the lawfulness of the refusal to enter into the merits; if unlawful, the file must generally be remitted for substantive review.