Bug in auto rollback when error inside a TRAN in Fabrc

The code below behaves differently on Fabric DW v Synapse SqlPool in that an error does not auto rollback the transaction and @@TRANCOUNT =1 instead of @@TRANCOUNT=0 as expected,

The impact here is if we drop a table and accidently query it (race condition), we end up with transaction leaks with no commit or rollback.

BEGIN TRAN;

select * from table_that_doesnt_exist

IF @@TRANCOUNT > 1

COMMIT TRAN

The code below does work as expected, so the issue is only reproducible when we get a compile error as opposed to a syntax or other error

BEGIN TRAN;

select 1/0

IF @@TRANCOUNT > 1

COMMIT TRAN

In this case the @@TRANCOUNT is 1 in Fabric, but 0 in all other SQL Editions