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Aadhaar mandatory for PAN, I-T returns: SC

By The Assam Tribune
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NEW DELHI, June 9 - The Supreme Court today upheld the validity of the law, making Aadhaar mandatory for allotment of Permanent Account Number and filing of Income Tax (I-T) returns, but exempted those without it for now till the larger privacy issue is decided.

In effect, those who possess an Aadhaar card must link it to their PAN card and those who have enrolled and not yet got their Aadhaar card are also exempted from mandatory linkage and the penalising invalidation of their PANs if they do not link it.

The apex court, while upholding the validity of a fresh provision in the I-T law making Aadhaar compulsory for allotment of PAN and filing of I-T returns, imposed a partial stay on it till its Constitution Bench decides the Right to Privacy issue connected with it.

Section 139AA of the Income Tax Act provides for mandatory quoting of Aadhaar or enrolment ID of the Aadhaar application form for filing of I-T returns and making application for allotment of PAN with effect from July 1 this year.

A bench comprising Justices AK Sikri and Ashok Bhushan, which upheld the legislative competence of the Parliament in enacting the law to this effect, said there was no conflict between the impugned provision of the Income Tax Act and the Aadhaar Act.

It said that a PAN card without an Aadhaar number would not be treated invalid till the Constitution Bench decides the larger issue of the Right to Privacy. The bench said that previous transactions would not be affected or nullified with a partial stay on the new law till the privacy issue linked to Aadhaar is decided. � PTI

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Aadhaar mandatory for PAN, I-T returns: SC

NEW DELHI, June 9 - The Supreme Court today upheld the validity of the law, making Aadhaar mandatory for allotment of Permanent Account Number and filing of Income Tax (I-T) returns, but exempted those without it for now till the larger privacy issue is decided.

In effect, those who possess an Aadhaar card must link it to their PAN card and those who have enrolled and not yet got their Aadhaar card are also exempted from mandatory linkage and the penalising invalidation of their PANs if they do not link it.

The apex court, while upholding the validity of a fresh provision in the I-T law making Aadhaar compulsory for allotment of PAN and filing of I-T returns, imposed a partial stay on it till its Constitution Bench decides the Right to Privacy issue connected with it.

Section 139AA of the Income Tax Act provides for mandatory quoting of Aadhaar or enrolment ID of the Aadhaar application form for filing of I-T returns and making application for allotment of PAN with effect from July 1 this year.

A bench comprising Justices AK Sikri and Ashok Bhushan, which upheld the legislative competence of the Parliament in enacting the law to this effect, said there was no conflict between the impugned provision of the Income Tax Act and the Aadhaar Act.

It said that a PAN card without an Aadhaar number would not be treated invalid till the Constitution Bench decides the larger issue of the Right to Privacy. The bench said that previous transactions would not be affected or nullified with a partial stay on the new law till the privacy issue linked to Aadhaar is decided. � PTI