Linkage of PAN with Aadhaar is mandatory for filing income tax returns: Supreme Court - Pragnya IAS Academy - News Analysis.

Linkage of PAN with Aadhaar is mandatory for filing income tax returns: Supreme Court.

• A bench comprising Justices A K Sikri and S Abdul Nazeer upheld the section 139AA of the Income Tax Act
• Supreme Court had last year declared the Centre's flagship Aadhaar scheme as constitutionally valid
The Supreme Court has said that linkage of PAN with Aadhaar is mandatory for filing of Income Tax returns.

A bench comprising Justices A K Sikri and S Abdul Nazeer said the top court has already decided the matter and upheld the section 139AA of the Income Tax Act.
The court's direction came on an appeal filed by the Centre against a Delhi High Court order allowing two persons, Shreya Sen and Jayshree Satpute, to file Income Tax returns for 2018-19 without linking their Aadhaar and PAN numbers.
"The aforesaid order was passed by the High Court having regard to the fact that the matter was pending consideration in this Court. Thereafter, this Court has decided the matter and upheld the vires of section 139AA of the Income Tax Act. In view thereof, linkage of PAN with Aadhaar is mandatory," the bench said.
The top court noted that with regard to Assessment Year 2018-19, it has been informed that the two petitioners had filed the Income Tax returns in terms of the orders of the High Court and the assessment has also been completed.
"We therefore make it clear that for the assessment year 2019-20, the income tax return shall be filed in terms of the judgment passed by this court. The special leave petition is disposed of in the above terms," the bench said in an order on Monday.
The petitioners had told the High Court that "despite orders, and multiple attempts they have not been able to file their ITR, since there is no available option to opt-out of providing an Aadhaar or Aadhaar Enrolment number during e-filing, on the website".
The apex court on September 26 last year had declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.
A five-judge constitution bench had held that while Aadhaar would remain mandatory for filing of I-T returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections. (Source:Livemint)
• A bench comprising Justices A K Sikri and S Abdul Nazeer upheld the section 139AA of the Income Tax Act
• Supreme Court had last year declared the Centre's flagship Aadhaar scheme as constitutionally valid
The Supreme Court has said that linkage of PAN with Aadhaar is mandatory for filing of Income Tax returns.

A bench comprising Justices A K Sikri and S Abdul Nazeer said the top court has already decided the matter and upheld the section 139AA of the Income Tax Act.
The court's direction came on an appeal filed by the Centre against a Delhi High Court order allowing two persons, Shreya Sen and Jayshree Satpute, to file Income Tax returns for 2018-19 without linking their Aadhaar and PAN numbers.
"The aforesaid order was passed by the High Court having regard to the fact that the matter was pending consideration in this Court. Thereafter, this Court has decided the matter and upheld the vires of section 139AA of the Income Tax Act. In view thereof, linkage of PAN with Aadhaar is mandatory," the bench said.
The top court noted that with regard to Assessment Year 2018-19, it has been informed that the two petitioners had filed the Income Tax returns in terms of the orders of the High Court and the assessment has also been completed.
"We therefore make it clear that for the assessment year 2019-20, the income tax return shall be filed in terms of the judgment passed by this court. The special leave petition is disposed of in the above terms," the bench said in an order on Monday.
The petitioners had told the High Court that "despite orders, and multiple attempts they have not been able to file their ITR, since there is no available option to opt-out of providing an Aadhaar or Aadhaar Enrolment number during e-filing, on the website".
The apex court on September 26 last year had declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.
A five-judge constitution bench had held that while Aadhaar would remain mandatory for filing of I-T returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections. (Source:Livemint)


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Linkage of PAN with Aadhaar is mandatory for filing income tax returns: Supreme Court.

PAN card rules to change from this Wednesday. List of new amendments in Income Tax Rules, 1962 - Pragnya IAS Academy - News Analysis.

PAN card rules to change from this Wednesday. List of new amendments in Income Tax Rules, 1962.

The government has amended Income Tax Rules, 1962, and has inserted new clauses. According to the new rules, having a PAN card is mandatory for all entities doing business of at least Rs 2.5 lakh. The second amendment allows those with single mothers to not mention their father’s name in PAN card application forms.

PAN card rules will no more be the same from this Wednesday as the Income Tax department has brought in some important changes aimed at preventing tax evasion and allowing new PAN card applicants greater flexibility. According to a notification issued by the finance ministry on November 19, the new amendment to Income Tax Rules, 1962, will come into force from December 5.
According to the new rules, it will now be compulsory for all entities doing business worth at least Rs 2.5 lakh in a financial year to get a PAN card till 31st May of the next financial year.
All you need to know about changes in PAN card rules:
1. It will be compulsory for all entities doing financial transactions of more than Rs 2.5 lakh to get a Permanent Account Number from December 5. This is seen as a step towards preventing tax evasion in smaller business entities.
2. The rule may apply to individual taxpayers also but only if they are associated with such entities in the capacity of a managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office-bearer or any person competent to act on behalf of the entity. In case such individuals do not have PAN, they are supposed to get one within 31st May of the next financial year.
3. Tax experts say so far resident entities were asked to obtain PAN even if the total sales or turnover or gross receipts are not or are not likely to exceed Rs 5 lakh in a financial year. The new rule is meant to help the income tax department track financial transactions, broaden the tax base and prevent tax evasion.
4.The other important amendment in the rule is meant for those whose mother is a single parent. Such PAN card applicants will no longer be asked to furnish father’s name. Till now, mentioning father’s name is mandatory in PAN card applications. Applicants, however, had the freedom to choose whose name they want printed on the PAN card — father’s or mother’s.
5. The second amendment is meant to address the concerns of those PAN card applicants whose fathers are either estranged or dead.


The above Article can also be read using the link below:

PAN card rules to change from this Wednesday. List of new amendments in Income Tax Rules, 1962.