SATURDAY, JUNE 10, 2017 (PAGE 18) DAILY EXCELSIOR, JAMMU...
Transcript of SATURDAY, JUNE 10, 2017 (PAGE 18) DAILY EXCELSIOR, JAMMU...
NEW DELHI, June 9:
The Supreme Court todayupheld the validity of the lawmaking Aadhaar mandatory for
allotment of PAN and filing ofIncome Tax(IT) returns butexempted those without it fornow until the larger privacyissue is decided.
In effect, those who possessan Aadhaar card must link it totheir Permanent AccountNumber(PAN) card and thosewho have enrolled and not yetgot their Aadhaar card are alsoexempted from mandatory link-age and the penalising invalida-tion of their PANs if they don’tlink it.
The Apex Court whileupholding the validity of a freshprovision in the Income Tax (IT)law making Aadhaar compulso-ry for allotment of PAN and fil-ing of IT returns imposed a par-tial stay on it till its constitutionbench decides the right to priva-cy issue connected with it.
Section 139AA of theIncome Tax Act provides formandatory quoting of Aadhaaror enrolment ID of Aadhaarapplication form for filing ofincome tax returns and makingapplication for allotment ofPAN with effect from July 1 thisyear.
A bench comprising JusticesA K Sikri and Ashok Bhushan,which upheld the legislativecompetence of the Parliament inenacting the law to this effect,said there was no conflictbetween the impugned provi-sion of the Income Tax Act and
the Aadhaar Act.It said that PAN card without
Aadhaar number would not betreated invalid till theConstitution bench decides thelarger issue of Right to Privacy.
The bench said that previoustransactions won't be affected ornullified with partial stay on thenew law till privacy issue linkedto Aadhaar is decided.
Further, the bench alsoclarified that there would beno retrospective implementa-tion of the provision to invali-date the PAN for non-compli-ance of unique identificationnumber under the Aadhaarscheme.
While reading the operativeportion of the judgement, thebench said, "we are of the opin-
ion that till Article 21 (concern-ing right to privacy) of theConstitution is decided by theConstitution bench, a partialstay is required (on section 139AA of IT Act)."(PTI)
SATURDAY, JUNE 10, 2017 (PAGE 18) DAILY EXCELSIOR, JAMMU
SC upholds law making Aadhaar mandatory for PAN, ITR
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