Court Allows Online Filing of IT Returns Without Aadhaar Delhi High Court directed Central Board of Direct Taxes to allow e-filing of IT returns without quoting Aadhaar


THOSE without an Aadhaar card will now be able to file their Income Tax (IT) returns online. The Delhi High Court on Tuesday asked the Central Board of Direct Taxes  (CBDT) to accept e-filings of tax returns with Aadhaar or Aadhaar enrollment number.

A two-judge bench of Justices Ravindra Bhat and AK Chawla passed the order in response to a petition filed by two lawyers, Shreya Sen and Jayshree Satpute.

The petitioners said that since the verdict on the constitutional validity of the Aadhaar Scheme was still pending in the Supreme Court, the petitioners had refrained from applying for an Aadhaar.

The court was asked to take up the case with some urgency as the last date for filing returns is 31 July 2018 after which a penalty would be levied.

“The petitioners hold valid Indian passports, and PAN cards, other among valid forms of identification, needed to file ITR. However, despite having all other documents, they have not been able to file their ITR electronically for the want of an Aadhaar Enrollment number, which they do not possess,” the petition stated.

The petition also pointed out that several courts had allowed individuals to file their IT returns without quoting Aadhaar. The latest being the Madras High Court which allowed nine petitioners to file their returns without Aadhaar.

The High Court, in its judgement, directed the CBDT to allow e-filing “by amending the digital form of substituting them properly to enable “opt out” from the mandatory requirement of having to furnish Aadhar registration or Aadhar linkage.”




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