Aadhaar Card Illusion
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The system of Aadhaar is quite confusing.
Hon'ble Supreme Court on 11-08-2015 in Writ Petition (Civil) No.494 of 2012 held that "The production of Aadhaar Card will not be a condition for obtaining any benefits otherwise due to a citizen"
And further the Hon'ble Supreme Court on 15-10-2015 while hearing the same Writ Petition held that "We also make it clear that Aadhaar Card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other."
The above Writ Petition is pending before the 9 Judges Bench of the Hon'ble Supreme Court of India and is listed in the Weekly List From: 01-08-2017 to 03-08-2017.
On the other hand, the Central Board of Direct Tax (CBDT) on 31-07-2017 in a Press Release said that "For the purpose of e-filling return, it would be sufficient as of now to quote Aadhaar or acknowledgement no. for having applied for Aadhaar in e-filling website. The actual linking of PAN with Aadhaar can be done subsequently, but any time before 31st August, 2017. However, the returns will not be processed until the linkage of Aadhaar with PAN is done."
From the above statement of the CBDT it appears that to e-file income tax return, one has to apply for Aadhaar mandatorily.
While the matter is still sub judice, passing such direction/order by CBDT is not appreciated.
I hope, the matter has not reached to respected Shree Arun Jethli, the Union Finance Minister, who is an outstanding Senior Advocate of the Supreme Court of India, and was also held the post of the Additional Solicitor General of the Government of India in the year 1989-90. Otherwise the Press Release of CBDT would not been in conflict with a matter of sub judice.
I request the concerned authority to allow e-filling without 'Aadhaar No.' and 'Aadhaar Card Acknowledgement No.' till the matter is disposed off by the Hon'ble Supreme Court of India and the direction given by CBDT in this regard by a Press Release on 31-07-2017 may be withdrawn or modified accordingly.
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