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3. The following substantial question of law arises for our consideration:-

"Whether in the facts and circumstances of the case, the appellants-assessees are entitled to deduction u/s.10B of the Act, 1961, in respect of the 'Deemed Export' of goods made by it during the period in question through a third party or not?"

4. The circumstances, in which the assessees were required to file the present appeals in this Court was that the ITAT by its impugned orders dated 28.08.2014, 05.09.2004 and 20.01.2016 respectively, vide Annexure-A for A.Y. 2008-09, 2009-10, 2010-11 and 2011-12 respectively, took a Date of Judgment 12-06-2018 I.T.A.Nos.24-25/2015 & Connected Matters M/s. Metal Closures Pvt. Ltd., & Anr. Vs. The Deputy Commissioner of Income-Tax & Anr. view against the assessees for "Deemed Exports" to be covered by the definition of 'export' for the purpose of deduction u/s.10B of the Act, following the order passed by the learned Tribunal in the cases of M/s.Tata Elxsi Ltd., and Granite Mart Ltd., in which a view against the appellants-assessees was taken by the learned Tribunal.

5. However, since the Division Bench of this Court in the case of Tata Elxsi reversed the order of the learned Tribunal and held in favour of the assessees that assessees were entitled to deduction u/s.10B of the Act in respect of the "Deemed Export" also and similarly following the said judgment, we have also taken a view in favour of the appellant-assessee M/s.International Stones India Pvt. Ltd., that the appellant-assessee is entitled to the benefit of deduction u/s.10B of the Act, we find that the present appellant- assessee M/s.Metal Closures Pvt. Ltd., who is also Date of Judgment 12-06-2018 I.T.A.Nos.24-25/2015 & Connected Matters M/s. Metal Closures Pvt. Ltd., & Anr. Vs. The Deputy Commissioner of Income-Tax & Anr. similarly situated, since the fact of "Deemed Export"

made by it through a third party is not in dispute, also deserves to get the same relief and therefore, the present appeals filed by assessees deserve to be allowed.

6. The relevant portion of the judgment passed in I.T.A.No.564/2016 & Connected matters (The Pr.Commissioner of Income-Tax, CIT(A) & Anr. Vs. M/s. International Stones India Pvt. Ltd.,) decided on 12.06.2018 are quoted below for ready reference:-

"21. As held by the Division Bench of this Court in M/s.Tata Elxsi's case, the purpose of giving these deductions in these special provisions is to encourage exports and fetch foreign currency in terms of Exim Policy propounded and announced by the Union of India. The 'Deemed Export' by the assessee Undertaking even through a third party who has exported such goods to a Foreign country and has fetched Foreign Currency for India, still remains a 'Deemed Export' in the hands of the assessee undertaking also. If the Parliament intended to put any restrictive meaning for curtailing the said deduction, such words could be employed in sub- Date of Judgment 12-06-2018 I.T.A.Nos.24-25/2015 & Connected Matters M/s. Metal Closures Pvt. Ltd., & Anr. Vs. The Deputy Commissioner of Income-Tax & Anr.

section(1) itself, which could have excluded 'Deemed Export' from the ambit and scope of word 'export' employed in sub-section(1) of S.10B of the Act. The Explanation defining 'Export Turnover' in both these provisions does not make any such distinction between the 'Direct Export' and 'Deemed Export'.

22. For a harmonious reading of these provisions of the Act which are undoubtedly beneficial provisions, the word 'export' read with the background of Exim Policy of Union of India would certainly include 'Deemed Export' also within the ambit and scope of the 'Export Turnover' as explained in Explanation-2 of sub-section (9A) of the said S.10B of the Act.