Year of commencement of operation relevant to find out as to whether the entitled to deduction under Section 80IB or not

Commissioner of Income Tax Vs. Eastern Medikit Ltd (Delhi High Court)- Where the CIT while exercising powers under Section 263 of the Act, sets aside the order of the AO on merits  as well  and gives his categorical finding on the issue involved, naturally the Tribunal will be within its right to examine as to whether the decision on the said issue was proper or not and for this purpose, the Tribunal itself would be entitled to examine the issue on merits. It was, in these circumstances, the aforesaid two cases were decided. However, where the issue was not examined by the AO and on this gro...