Kerala HC allows ITR filing without PAN-Aadhaar linking

04 Août, 2017, 21:25 | Author: Marc Bacque
  • Income Tax Office

The Kerala High Court on Friday allowed the filing of Income Tax Returns manually without quoting the Aadhaar number or the Aadhaar enrolment ID, a press release by the Software Freedom Law Centre said.

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 interim order to that effect was passed by Justice AK Jayasankaran Nambiar in a petition filed by Sugathan, who is the Legal Director at Software Freedom Law Centre (SFLC).

In the petition, the lawyer had stated that he is a regular payee of income tax and has consistently filed I-T returns, however, he has not enrolled in Aadhaar scheme as he considers it to be in violation of his fundamental right to privacy.

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Earlier this year, the Supreme Court heard the challenge of mandatory linking of Aadhaar to PAN card in two cases, and the two-judge bench held that the PAN cards of those people who are not Aadhaar card holders, and who do not comply with certain legal provision, can not be "treated as invalid for the time being".

Read the High Court order below.

However, Sugathan has taken a stand 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 while filing the returns.

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