The Supreme Court today ( 09.06.2017 ) put stay on the provision of income tax act making aadhar card mandatory of Income tax return filing. The stay will be in force until a constitutional bench address the issue.

However if you have aadhar card then you must link with your pan card but not having an aadhar card could not invalidate your pan card or not restrict t\you to file income tax return ( ITR). 
so you can file your return without linking Aadhar card with pan.

A bench comprising Justices A K Sikri and Ashok Bhushan also upheld the legislative competence of Parliament in enacting Section 139AA of the Income Tax (IT) Act. 

The bench made it clear that there was no conflict between the impugned provisions of the Income Tax Act and the Aadhar Act. 
It said previous transactions would not be affected or nullified with partial stay on the new law till privacy issue linked to Aadhar was decided. 

The court had on May 4 reserved the verdict on a batch of petitions challenging section 139AA of the I-T Act, which was introduced through the latest budget and the Finance Act, 2017. 

Section 139AA of the Income Tax Act provides for mandatory quoting of Aadhar or enrolment ID of Aadhar application form for filing of income tax returns and making application for allotment of PAN with effect from July 1 this year. 

The Center had earlier said that the programme of PAN (Permanent Account Number) had become suspect as it could be faked, while Aadhar was a "secure and robust" system by which the identity of an individual could not be faked. 
While opposing the government's move, the petitioners, including CPI leader Binoy Viswam, have contended before the bench that the Center cannot "belittle" the apex court's 2015 order holding the unique identification number as voluntary. 

They had argued that government should not have enacted section 139AA in the Act to make Aadhar mandatory for PAN as the apex court's five-judge bench order was clear that Aadhar was voluntary and not mandatory. 

However, Attorney General Mukul Rohatgi had contended that Aadhar was made mandatory for allotment of PAN to weed out fake cards which were used for terror financing and circulation of black money. 

Attorney General Mukul Rohatgi had said that with the implementation of Aadhar, the government had saved over Rs 50,000 crore on various schemes to benefit the poor as well as pension schemes. 

The Center had also told the court that fake PAN cards were being used to "divert funds" to shell companies. 

The Supreme Court had observed that it was yet to be "tested" whether Aadhar violated protection of life and personal liberty granted under Article 21 of the Constitution, which was pending hearing for an authoritative pronouncement by a five-judge Constitution Bench.

[ Press Release ]

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