SC judgement on PAN/Aadhaar liking
By Advocate Purvi Shah / 2017-06-18
Discussion about Aadhaar, privacy and personal data has once again raised questions about the safety of our biometric details. Data breaches have happened in the past as far as Aadhaar is concerned. This has put citizens in a conflict whether they should or should not quote their Aadhaar details for everything from gas to income tax.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


The Supreme Court’s ruling that individual privacy is a fundamental right has shaken up the premises of the Aadhaar Act, the effect of which can be felt on the Aadhaar-PAN linkage. In a bid to check tax evasion, the Finance Ministry had mandated the linkage of the 12-digit unique number with PAN to file income tax returns. The deadline for doing so is August 31. With the deadline looming around the corner, the Supreme Court’s order has left taxpayers in confusion.

SC’s landmark judgement on privacy, however, raised a number of questions regarding the validity of Aadhaar and its linkage with various other entities in our lives like government subsidies and services, including filing I-T returns.

Supreme Court's Judgment

A Bench of Justices A.K. Sikri and Ashok Bhushan held that the proviso to Section 139AA (1) of the Income Tax Act requiring citizens to mention their Aadhaar number or at least their Aadhaar enrollment id to the designated authority was “directly connected with the issue of duplicate/fake PANs”.

“Parliament in its wisdom thought that one PAN to one person can be ensured by adopting Aadhaar for allotment of PAN to individuals. As of today, that is the only method available i.e. by seeding of existing PAN with Aadhaar. It is perceived as the best method, and the only robust method of de-duplication of PAN database,” the court held.

Discussion about Aadhaar, privacy and personal data has once again raised questions about the safety of our biometric details. Data breaches have happened in the past as far as Aadhaar is concerned. This has put citizens in a conflict whether they should or should not quote their Aadhaar details for everything from gas to income tax.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics