LAW MANTRA     (Think Beyond Others)

SC upheld the law linking Aadhar Card with PAN and ITR, but also put partial stay

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Centre made Aadhar Card mandatory  for filing of income tax returns and allotment of PAN by incorporating a new Section 139AA in Income Tax Act. Today, vacation bench upheld the validity of the such law, Court, however, exempted those without it for now until the larger bench decide the privacy issue.

In consequence of the judgment, those who possess the Aadhar card must link it to their PAN and those who have enrolled and not yet got their Aadhaar card are also exempted from mandatory linkage. Since Court upheld the validity of law, however, imposed a partial stay on it till its constitution bench decides the right to privacy issue connected with it.

Bench comprising Justices A K Sikri and Ashok Bhushan observed that there was no conflict between the impugned provision of the Income Tax Act and the Aadhaar Act and impugned section doesn’t have retrospective effect.

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