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Supreme court upholds Aadhar PAN linkage - excempt those without aadhar for now

  • Writer: S Mallick
    S Mallick
  • Jun 9, 2017
  • 1 min read

Today Supreme Court upheld the Government’s order for the pan card holder mandatory to make Aadhaar card and confirmed that it can’t be necessary now for filing Income Tax returns. Although, the Apex court ordered that, those who have Aadhaar card must be provided their card details when they filing their Income Tax returns. For this case there was a made a bench for petitions and the head of this bench Justice AK Sikri clarify that penalty won’t be applied against those who are not Aadhaar card holder till now. Supreme court was hearing a batch of petitions challenging section 139AA of the constitutional act ( the Income-tax Act) which was presented in the Budget & Finance Act 2017. In the constitutional act 139AA of Income tax act to compulsory quoting for Aadhaar card enrollment for filing income tax returns and allotment of PAN (Permanent Account Number) which effected from July 1 in this year. The new law comes with many challenges. CPI leader Binoy Viswam taking opposition of the new law.he contended in front of the bench that the center can not ‘belittle’ the highest court’s 2015 order holding the unique identification number as voluntary.The supreme court revised the decision on May 4th, 2017. The court discussed that the government should not enact the law section 139AA to make mandatory Aadhaar card for PAN where the bench of five judge’s order was clear that not compulsory aadhaar linking for Income tax returns. However, this petition enacted by the center to weed out the fake PAN card which used for circulating black money & also used for terror finance. 


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