by sflc_admin    |    August 4, 2017

Kochi, 4th August 2017: Prasanth Sugathan, Legal Director at SFLC.in filed a Writ petition (W.P.(C) 26033/2017) before the Hon’ble High Court of Kerala , challenging the mandatory requirement as per Section 139AA of the amended Income Tax Act, 1961 to quote Aadhaar number or enrolment ID for filing Income tax returns.

The Hon’ble High Court has admitted the matter and passed an interim order, directing the concerned Income tax Officer to allow the petitioner to file IT Returns manually, without quoting Aadhaar number or Aadhaar enrollment ID.

Earlier this year, the Supreme Court heard the challenge of mandatory linking of Aadhaat to PAN in the cases of Binoy Viswam v. Union of India (W.P.(C) 247/2017), S.G. Vombatkere & Anr. v. Union of India (W.P.(C) 277/2017) 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 the provision of Section 139(2), cannot be “treated as invalid for the time being”.

Prasanth Sugathan submitted before the Hon’ble Court that the partial stay granted by the Hon’ble Supreme Court in the Binoy Viswam case would be futile, if assesses are forced to quote Aadhaar No. while filing the returns.

Mishi Choudhary, President, SFLC.in said that they have been continuously working to raise awareness about the mission creep that is happening with the Aadhaar scheme. The so-called voluntary scheme is being made mandatory for citizens to avail a host of services as well for performing obligations as a citizen.

The interim order can be read here:

About SFLC.in :
SFLC.IN is a donor supported legal services organisation that brings together lawyers, policy analysts, technologists, and students to protect freedom in the digital world. SFLC.IN promotes innovation and open access to knowledge by helping developers make great Free and Open Source Software, protect privacy and civil liberties for citizens in the digital world by educating and providing free legal advice and help policy makers make informed and just decisions with the use and adoption of technology.

For more information please contact:

Mishi Choudhary,
President and Founding Director, SFLC.in
+1 917 325 8594
mishi-at-softwarefreedom-dot-org

Prasanth Sugathan,
Legal Director, SFLC.in
+91 90135 85902 / +91 94472 91565
prasanth-at-sflc-dot-in

Aadhaar   Aadhaar-PAN   high court   Income tax   income tax returns   Kerala   Privacy   Right to Privacy   Section 139AA   SFLC.in   Software Freedom Law Centre