Validity of order u/s 263 on a issue on a issue on which CIT (A) has already decided in favour of Assessee

Ld. Commissioner of Income  Tax in his notice u/s 263 dated 18.3.2014 stated that prima facie deduction claimed u/s 80IC of the Act by the assessee is not justifiable on the following grounds :- 1. Assessee is assembling and trading LCDs and it is not carrying on manufacturing of goods. 2. The unit of the assessee is not in a notified area The assessee gave a detailed reply on 7.4.20 14, inter alia mentioning that the very same issue of claim of exemption u/s 80IC of the Act for the earlier asstt. Year 2009-10 in the assessee’s own case has come up before the Commissioner of Income Tax ...