Severance benefits (including Leave Encashment) received outside India from former employer for services rendered outside India not taxable in the hands of an individual who is a Not Ordinary Resident

 HIGH COURT OF DELHI Date of Decision : 24th April, 2012. ITA 165/2009 Commissioner of Income Tax Vs. Shri Anant Jain ORDER SANJIV KHANNA,J: (ORAL) 1. By order dated 22.9.2009, the following two substantial questions of law in this appeal which pertains to assessment year 2001-02 in the case of Anant Jain were admitted for hearing: – “a) Whether ITAT was correct in law in deleting the addition of Rs.37,44,026/- made by the Assessing Officer treating the same as profit in lieu of salary under Section 17(3)(i) of the Act? b) Whether proviso to Section 5(1) would apply t...