Is aadhaar mandatory for a belated itr filing?

Efiling 324 views 3 replies

Satish

Work

111 Points Joined March 2018

Anyone who recently filed belated ITR in portal / offline can tell me if ITR is being processed without an Aadhaar number?

Supreme Court in its order [ BINOY VISWAM vs. UNION OF INDIA & ORS., W.P (CIVIL) NO. 277 OF 2017 & NO. 304 OF 2017, https://www.sci.gov.in/pdf/jud/wc24717_Sign.pdf ] has allowed those with without Aadhaar no. and who do not want to enroll for Aadhaar untill it's finally decided by the constitution bench to file ITR.

“Those who have already enrolled themselves under Aadhaar scheme would comply with the requirement of sub-section (2) of Section 139AA of the Act... Those assessees who are not Aadhaar card holders and do not comply with the provision of Section 139(2), their PAN cards be not treated as invalid for the time being,” the court said.

https://www.thehindubusinessline.com/news/national/apex-court-upholds-aadhaarpan-linkage-but-exempts-those-without-aadhaar-for-now/article9723525.ece

"A Bench of Justices A.K. Sikri and Ashok Bhushan exempted citizens without Aadhaar card from the ambit of Section 139AA."

Replies (3)

Rahul Prasad

CA Student

1683 Points Joined September 2012

it is being done by skipping linking Aadhar card.

Satish

Work

111 Points Joined March 2018

Can you please tell if this error is still there or not? Check sceenshot:

Satish

Work

111 Points Joined March 2018

UPDATE:

You still can’t file I-T returns without Aadhaar number
ITR e-filing still requires Aadhaar number despite the Supreme Court’s 13 March order directing the government against doing so till the apex court announces its final verdict

LINK: https://www.livemint.com/Money/046hLRd3GmNMN4YVEosIXM/You-still-cant-file-IT-returns-without-Aadhaar-number.H T M L

Mandatorily asking for the Aadhaar number flouts the Supreme Court order. “Ideally, they (the I-T department) should have rectified the system, allowing income-tax assessees to file returns without quoting Aadhaar or enrolment number, as directed by the Supreme Court,” said Abhishek A. Rastogi, partner at law firm Khaitan & Co. “I expect that department will adhere to the Supreme Court order and make the changes.”

If it fails to do so, “any person can approach the high court, which will take cognition of the fact and ask the department to implement the order”, said Rastogi.

Sushil Chandra, chairman, Central Board of Direct Taxes (CBDT) did not respond to phone calls or messages sent by Mint till press time. However, a CBDT spokesperson said, “We are seized of this issue and are looking into it”.

8 days left and they're still looking into it !