SC Upholds Govt Decision to Make Aadhaar Must for Filing Tax Returns
The Supreme Court on Friday upheld the new law linking Aadhar to PAN but said it will not be made mandatory for non-Aadhaar holders till pending pleas over the right to privacy is decided by the Constitution Bench.
New Delhi: The Supreme Court on Friday upheld Central government’s amendments to the Income Tax Act that requires Aadhaar card holders to seed their UID number for filing income tax returns.
The court, however, read down the law to state that Permanent Account Number (PAN) card of those, who do not link it with Aadhaar or enrolment application forms for Aadhaar, will not be rendered invalid.
A bench led by Justice A K Sikri said that invalidation of PAN cards for not linking it with Aadhaar was too serious a consequence and that the government should consider prescribing a less stringent punishment.
While the full text of the judgment is still to come out, operative part was read out by Justice Sikri in open court.
The judge upheld the Parliament’s power to enact the new law and said it did not violate any fundamental right. He added that the amendments to the Act and in particular Section 139AA of the Act did not suffer from any vice and met the criteria of reasonableness and legislative competence.
The judge then said that the bench has also rejected an argument by PIL petitioners, including CPI leader Binoy Viswam, that the Parliament could not have enacted the Aadhaar Act in view of restraint order by a larger bench that no person can be compelled to enroll for Aadhaar.
But Justice Sikri said that the penal provision prescribing for invalidation of PAN card for not linking it with Aadhaar was not appropriate on the principle of “proportionality”.
The court held that PAN cards won’t be rendered invalid in such cases until the larger bench decides the main matter where Aadhaar has been challenged on the ground of breaching right to privacy.
Justice Sikri also cautioned the government against data leakage and said that leakage must be plugged to instill public confidence.
Detailed judgment is expected later in the evening.
PICTURE SO FAR:
1) If you want a fresh PAN, you must quote Aadhaar or application form number
2) If you already have an Aadhaar, you must quote it for filing tax returns
3) If you don’t have an Aadhaar and haven’t applied for it, your PAN won’t be rendered invalid
4) Your PAN won’t be invalid but you won’t be able to file tax returns if you don’t have an Aadhaar
Catch the biggest newsmakers and the biggest newsbreaks on CNN-News18, the only news destination. Keep watching CNN-News18 at just 50 paise per month. Contact your cable/DTH operator now!
*Rental/capacity fee of Rs. 130/- as charged by cable/DTH operator may apply. **GST extra.
Recommended For You
- Virat Kohli, Anushka Sharma Win Hearts as They Twin in Melbourne, See Pics
- New Toyota Camry Hybrid Launched in India for Rs 36.95 Lakh
- Kareena Kapoor Slays Denim-on-denim Look for Ishq FM
- The Biggest Data Breach of All Time: 773 Million Email Addresses And 21 Million Passwords Exposed
- Ranji Trophy 2018-19 Quarter-Finals, Day 4: As it Happened
- 01 d
- 12 h
- 38 m
- 09 s