P.P.S.JANARTHANA RAJA

1. The appellant/revenue has filed the above Tax Case Appeal against the order of the Income Tax Appellate Tribunal, A Bench, Chennai, dated 27.04.2007 in ITA.No.1862/Mds/2004.

2. When the appeal came up for admission on 09.03.2010, this Court admitted the same on the following substantial questions of law:

1. Whether in the facts and circumstances of the case, the Tribunal was right in law in holding that the sum of Rs.22 lakhs paid by the employer to the assessee is not profits in lieu of salary?

2. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the sum of Rs.22 lakhs paid by the employer to the assessee would not fall under Section 17(3)(i) of the Income Tax Act?

3. Whether the definition of the profits in lieu of salary given under Section 17(3) is an exhaustive definition or only illustrative?

4. Whether Section 17(3)(iii) is an explanation which would have retrospective effect or not?

5. Whether any lump sum amount received from the employer by the employee on or after cessation of his employment would be profits in lieu of salary or not?

6. Whether in the facts and circumstances of the case, the T