SC grants ‘temporary’ relief on linking Adhar to PAN, provision upheld

09 Jun 2017 09:08 PM

he Supreme Court has partially stayed Modi government’s decision to link Adhar Card with the PAN card to file income tax returns.



Those who don’t have Adhar card need not link it. But those who have, must link it. And, this is not a final judgement.


The deadline for every Indian citizen to procure Adhar card and file income tax returns was 30th June.


But now there is a relief. The Supreme Court has stayed the new provision in the Income Tax Act, till the court decides on the whole issue of infringing into citizen’s privacy by making the Adhar Card public.


This is what the central government pushed for, by amending the Income Tax Act.


The PAN card would be declared invalid if they file income tax returns without linking their Adhar Card.


It was necessary to eliminate fraudulent practice of multiple fake PAN cards.

CENTRE’S VIEWPOINT

  • Income Tax Act amended

  • PAN invalid if Adhar not linked

  • Eliminate fake PAN cards


    This was challenged in the Supreme Court, claiming that the central government is trying to infringe upon the privacy of an individual. Fear was expressed that personal details may be leaked out. It was also argued that Adhar scheme affects human dignity.

    ARGUMENTS OF CHALLENGE

    • Infringe upon individual’s privacy

    • Personal details may be leaked

    • Adhar affects human dignity



      The apex court has not touched these issues till now. But pending this, it has given temporary relief only to those who don’t have Adhar card.


      They need not link Adhar to the PAN card while filing income tax returns. But others have to. In a way, the court has not struck down the new provision, but upheld it in principle.

      SUPREME COURT RELIEF

      • Temporary relief granted

      • No Adhar, not compulsory to link

      • Adhar holders must link to PAN

      • Provision upheld, not struck down

 




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