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SC To Examine Plea Against Linking Aadhaar To IT Returns

The bench led by Justice A K Sikri has decided to examine on Wednesday the petition challenging  Section 139AA of Income Tax Act whether Aadhaar can be mandatory for filing I-T returns.

The bench asked Attorney General for India Mukul Rohatgi to justify making  Aadhaar mandatory for filing I-T returns.

Appearing for government, Rohatgi said the government brought the legislative mandate.

“Is this the remedy against fake PAN, ration cards? Forcibly asking people to get Aadhaar,” Court asked the senior most law officers of government.

“Sec 139A of Income Tax Act already made PAN mandatory for filing returns. But fake PAN cards are used, so we have linked Aadhaar to PAN”, AG said.

“Making Aadhaar mandatory for filing IT returns is legislative mandate. Earlier, the court agreed with our policy to make Aadhaar mandatory for SIM cards,” Rohatgi said.

The court was hearing the petition filed by former Kerala minister and CPI leader Binoy Viswam challenging the constitutional validity of S. 139AA of the Income Tax Act, 1961, alleging it to be ‘illegal and arbitrary’ and ‘violative of Articles 14 and 21 of the Constitution.

The petitioner submitted that he is a tax-paying citizen and does not hold an Aadhaar card till date nor has he applied for the same in view of the legitimate expectation that the said scheme was not mandatory in view of the orders of Supreme Court as well as Aadhaar Act.

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  • Surinder Kumar Khanna says:

    Govt of India has permitted all nri/ oic to make aadhar card ,where uidai has not updated their system by loading the apps for nri/oic to make aadhar card, awaiting final decision of govt .All nri/oic visiting India for making aadhar card since there physical presence is essential for finger print,photo and iris ,are disappointed and returning back to their country without making aadhar card .
    we like to request the Govt of india to take early decision and confirm the date ,when the process for making aadhar card for nri/oic will commence ,so they can file their IT return for next year .
    with regards