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Review of Aadhaar verdict sought in Supreme Court


New Delhi, Dec 25: A petition has been filed in the Supreme Court seeking a review of the Aadhaar verdict.

The petitioner contended that the Constitution Bench had not examined several vital issues connected to the scheme and its parent statute-the Aadhaar (Targeted Delivery of Benefits, Subsidies and Services) Act, 2016.

Review of Aadhaar verdict sought in Supreme Court

In the petition a reference was made to Section 2(k) which specifically prohibits any person from parting with any information which is pertaining to one's income. The provisions clearly says that the demographic information shall not include information pertaining to a person's income.

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The petition said, 'despite a clear legislative mandate to the contrary, Section 139AA of the Income Tax Act, 1961 made it compulsory to ensure that PAN card is linked with one's Aadhaar details. The proviso to Section 139AA(2) further states that in case a person fails to intimate Aadhaar number, the PAN of the person shall be deemed to be invalid, and this failure to link will result in a situation wherein the person will be treated as if he had never applied for a PAN card.'

Further the petitioner said that the Aadhaar linkage was meant to be confined to either a benefit, subsidy or service. Filing of Income Tax reruns under Section 139AA of the IT Act does not fall within either of the three descriptions. Filing of Income Tax is a statutory mandate, the violation of which could result in serious penalty. It is neither a benefit, subsidy or service, the petitioner also said.

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