High court allows filing of I-T returns without Aadhaar
TIMES NEWS NETWORK
Chennai:25.07.2018
The Madras high court on Tuesday allowed nine petitioners to file income tax returns manually without quoting Aadhaar or Aadhaar enrolment number for the assessment year 2018-19.
A division bench of Justice M M Sundresh and Anand Venkatesh passed the interim order noting that since the constitutional validity of the Aadhaar itself was yet to be decided, the petitioner could be allowed to file returns without Aadhaar.
“If the Supreme Court decides to uphold the constitutionality of Aadhaar, then the petitioners would have to file revised return quoting Aadhaar,” the bench said.
According to the petitioners, in view of a series of Supreme Court orders, Aadhaar remains a purely voluntary scheme under the Aadhaar Act.
“On December 15, 2017, the Supreme Court extended the last date by which Aadhaar should be linked with PAN till March 31, 2018. Subsequently the interim order was extended till the date of pronouncement of final judgment,” the petitioners said.
In view of the interim order, the Central Board of Direct Taxes (CBDT) issued an order and extended the last date of linking Aadhaar with PAN from March 31 to June 30. Later it was further extended to March 31, 2019.
While the fact being so, the income tax department “cannot compel us to provide Aadhaar details while filing returns”, the petitioners contended.
TIMES NEWS NETWORK
Chennai:25.07.2018
The Madras high court on Tuesday allowed nine petitioners to file income tax returns manually without quoting Aadhaar or Aadhaar enrolment number for the assessment year 2018-19.
A division bench of Justice M M Sundresh and Anand Venkatesh passed the interim order noting that since the constitutional validity of the Aadhaar itself was yet to be decided, the petitioner could be allowed to file returns without Aadhaar.
“If the Supreme Court decides to uphold the constitutionality of Aadhaar, then the petitioners would have to file revised return quoting Aadhaar,” the bench said.
According to the petitioners, in view of a series of Supreme Court orders, Aadhaar remains a purely voluntary scheme under the Aadhaar Act.
“On December 15, 2017, the Supreme Court extended the last date by which Aadhaar should be linked with PAN till March 31, 2018. Subsequently the interim order was extended till the date of pronouncement of final judgment,” the petitioners said.
In view of the interim order, the Central Board of Direct Taxes (CBDT) issued an order and extended the last date of linking Aadhaar with PAN from March 31 to June 30. Later it was further extended to March 31, 2019.
While the fact being so, the income tax department “cannot compel us to provide Aadhaar details while filing returns”, the petitioners contended.
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