Kerala HC allows ITR filing without PAN-Aadhaar linking

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New Delhi, Aug 4 (IANS) The Kerala High Court on Friday passed an interim order to allow filing of Income Tax Returns (ITR) for 2016-17 fiscal in a specific case without linking Permanent Account Number (PAN) and the Aadhaar card.

“The High Court has admitted the matter and passed an interim order, directing the Income Tax Officer concerned to allow the petitioner to file IT Returns manually, without quoting the Aadhaar number or Aadhaar enrollment ID,” said SFLC.in statement.

Prasanth Sugathan, legal director at SFLC.in (a donor supported legal services organisation), had filed the writ petition in the Kerala High Court to challenge the mandatory requirement, as per Section 139AA of the amended Income Tax Act, 1961, to quote Aadhaar number or enrollment ID for filing Income Tax Returns.

Earlier this year, the Supreme Court heard the challenge to mandatory linking of Aadhaar to PAN in the cases of Binoy Viswam vs Union of India, S.G. Vombatkere and Anr. vs Union of India.

A two-judge bench held that the PAN of those people who are not Aadhaar card holders, and who do not comply with the provision of Section 139(2) of the said law, cannot be “treated as invalid for the time being”.

Sugathan submitted before the High Court that the partial stay granted by the Supreme Court in the Binoy Viswam case would be futile if assesses are forced to quote Aadhaar number while filing the returns.

–IANS

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