Madras HC Allows A Woman To File IT Returns Without Aadhaar

November 01, 2017 14:22
Madras HC Allows A Woman To File IT Returns Without Aadhaar

Madras HC Allows A Woman To File IT Returns Without Aadhaar:- Without quoting Aadhaar card or enrollment number, a woman has been allowed by the Madras High Court, to file her income tax returns. The interim order was passed by Justice TS Sivagnanam on a plea by Preethi Mohan.

Relying upon a Supreme Court decision in Binoy Viswam Vs Union of India case, she had moved the court. A partial stay on the operation of Section 139AA of the Income Tax Act, has been imposed by the Supreme Court in the case. The Section 139AA of the Income Tax Act mandates linkage of Aadhaar with I-T returns.

The directions issued by the apex court in the case make it clear that Aadhaar scheme was always meant to be voluntary, contended the counsel for woman.

"But despite a partial stay imposed by the apex court, the Income Tax department is acting in a manner directly opposed to the court order and are demanding linkage of Aadhaar," the counsel submitted.

Similar petitions allowed by the Kerala High Court, were also referred by the petitioner, permitting people to file returns without quoting Aadhaar number or enrolment number.

The judge, recording the submissions, said, "I am inclined to grant a similar relief, since today being the last day for filing income tax returns. If the returns are filed belatedly and if ultimately, the matter is decided by the Constitution Bench of Supreme Court against the petitioner, then she may be liable to pay interest for belated payment of tax."

“Accordingly, there will be an interim direction to the Income Tax department to permit the petitioner to file her returns for the assessment year 2017-18 either manually or through appropriate e-filing facility without insisting for Aadhaar number," the judge said.

For the IT-department to file its counter-affidavit, the judge posted the matter to December 18.


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