Friday, 9 June 2017

Aadhar not Mandatory for filling IT Returns: Supreme Court

On the issue of Aadhaar card on Friday, the Supreme Court pronounced its verdict that those who have both PAN card and Aadhaar card will have to tell it by filling their IT returns. Those who do not have the Aadhaar card and PAN card, their PAN will be considered valid. And those people can fill IT returns. The Supreme Court said that the government should ensure the security of Aadhaar card, which could not leak data of the base. At the same time the government should also work to stop the duplication of the PAN card.


Earlier in the previous hearing, the central government told the Supreme Court on the issue of Aadhar card that citizens of India can not refuse for physical samples taken for Aadhar card, citizens can not have any right over their body on this issue. . Mukul Rohatgi told the court that having absolute authority over his body is an illusion, there are many rules that ban it.

Fully safe 

While defending the decision to make Aadhar card mandatory for the PAN card, the Central Government said in the Supreme Court that such a move has been done to curb the use of fake PAN cards in the country. Attorney General Mukul Rohatgi told the bench of Justice AK Sikri and Justice Ashok Bhushan that the program of Pan had started to be questionable as it could be fraudulent even though the base is completely safe and robust system by which the identity of a person is not fake Could have been made.

One million PAN card canceled

Rohatgi said that due to the base, the government has saved more than Rs. 50,000 crores for the schemes of the poor and pension schemes. He said that nearly one million PAN cards have been canceled while 113.7 crore Aadhaar cards have been issued but the government has not yet detected any duplicate case.

The Attorney General had told the court that the Aadhaar card is an effective way of curbing money laundering activities and curbing the circulation of black money. The apex court is hearing petitions challenging the constitutional validity of section 139AA of income tax law. This section has been implemented in the New Budget and Finance Act, 2017.

While filing income tax return in Section 139AA, giving the information of registration of Aadhaar card or registration of the Aadhaar application card and giving details of the basis of application of allotment of PAN number has been made compulsory from July 1 this year. On behalf of the petitioners, senior advocate Shyam Diwan had earlier argued that Section 139AA is unconstitutional and this base is in direct conflict with law. He also argued that no question arises for any person to compromise on the basis and it is an issue that transforms democratic India's relations with its citizens.


Stopping fake pan card

The government told the Supreme Court that the basis for PAN card was made compulsory so that the fake PAN card could be curbed because it was used for financing and blackmaking for terrorism. At the same time, the government said the concerns expressed on personality were also false.

The government said that the aim behind bringing the foundation was to create a safe and robust system to ensure that no person's identity could be fabricated. Attorney General Mukul Rohatgi told the bench of Justice AK Sikri and Justice Ashok Bhushan that the money laundered is being used in the financing of drugs and terrorism.Therefore, it was decided to bring a more robust system, so that one person's identity can not be duped.

The top law officer opposing the challenge given to the decision to make the base mandatory for the PAN card said that 10 lakh cards out of 29 million PAN cards in India were canceled because it was known that many people have one There were more cards and they were being used in the wrong activities, causing loss to the public exchequer.

He said that so far 113.7 crore Aadhaar cards have been issued in the country and the government has not got any case of double card as the biometric system used in the base is the only system which is completely safe.


The apex court heard three petitions challenging the constitutional validity of Section 139AA of the Income Tax Act. This section has been implemented in the New Budget and Finance Act, 2017. While filing income tax returns in Section 139AA, giving information of registration of Aadhaar card or registration of Aadhaar application card and giving the details of the basis of application of allotment of PAN number has been made compulsory from July 1 this year.
                                                                  ---Suveer

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