CBDT to enable “opt out” from mandatory Aadhar registration or linkage with PAN for filing IT returns

Delhi High Court: The Division Bench comprising of S. Ravindra Bhat and AK Chawla JJ., in a petition directed CBDT to issue directions at least for the period till 31-03-2019 to exempt the mandatory requirement of having to furnish Aadhar Registration or Aadhar linkage with PAN in regard to filing IT returns for AY 2018-2019.

In the present case, the petitioner relying upon the case of Mukul Talwar v. Union of India, 2018 SCC OnLine Del 8724, states that they should be permitted to file the IT returns for AY 2017-2018 by being exempted from the mandatory compliance of providing Aadhar registration number or Aadhar Card Enrolment.  The petitioner seeks similar directions as in the case of Mukul Talwar by being permitted to file their IT Returns without any insistence of linkage of their Aadhar and PAN numbers and without any proof of Aadhar enrolment. Petitioners have also stated that even after the CBDT circular of 30-062018, which suspended the mandatory requirement, emails have been received from the Income Tax Authorities in that regard saying that with such grievances parties shall approach the Court.

Therefore, on careful consideration of the facts of the case, the High Court directed the CBDT to issue appropriate directions and create a platform by amending the digital form by substituting to enable “opt out” from the mandatory requirement of furnishing Aadhar registration or Aadhar linkage with PAN, at least till 31-03-2019. [Shreyasen v. Union of India,2018 SCC OnLine Del 10087, dated 24-07-2018]

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