Income Tax

ITRs filed prior to 01.04.2019 as per decisions of various High Courts valid – CBDT

ITRs filed prior to 01.04.2019 as per decisions of various High Courts valid. Aadhaar-PAN linking mandatory from 01.04.2019 as per SC judgement – CBDT

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
*****

North Block, New Delhi, the 31st of March, 2019

Subject: Giving effect to the judgement(s)/order(s) of Hon’ble Supreme Court on Aadhaar-PAN for filing return of income-regd.-

As per clause (ii) of sub-section (1) of section 139AA of the Income-tax Act, 1961, with effect from 01.07.2017, every person who is eligible to obtain Aadhaar number has to quote the Aadhaar number in return of income.

2. In a series of judgments i.e. (i) Binoy Viswam Vs. Union of India reported in (2017) 396 ITR 66 (ii) Final Judgment and order of the Constitution Bench of Hon’ble Supreme Court dated 26.09.18 in Justice K. S. Puttaswamy (Retd.) and another (Writ Petition (Civil) No. 494 of 2012}; & (iii) Shreya Sen & Anr. In SLP (Civil) Diary No(s) 34292/2018 dated 04.02 .2019, Hon’ble Supreme Court has upheld validity of Section 139AA.

3. In light of the aforesaid judgement(s)/order(s) of Hon’ble Supreme Court, from 04.2019 onwards, to give effect to the above judgements/orders, it has been decided by the Board that provision of clause (ii) of sub-section (1) of section 139AA of the Act would be implemented and it is mandatory to quote abcaus.in Aadhaar while filing the return of income unless specifically exempted as per any notification issued under sub-section (3) of section 139AA of the Act. Thus, returns being filed either electronically or manually cannot be filed without quoting the Aadhaar number.

4. Returns which were filed prior to 01.04.2019 without quoting of Aadhaar number as an outcome of any decision of different High Courts in a specific case or returns which were filed during the period when the online functionality for filing the return without quoting of Aadhaar number was so available in the aftermath of decision of Delhi High Court dated 24.07.18 in W.P. C.M 7444/2018 & C.M. Application No. 28499/2018 in case of Shreya Sen vs. Union of India & Ors., till it was withdrawn post decision of Constitution Bench of the Hon’ble Supreme Court dated 26.09.18, would also be taken up for processing without causing any adverse consequence for non-quoting of Aadhaar as per provision of section 139AA of the Act.

5. Hindi version to follow

(Rajarajeswari. R.)
Under Secretary (ITA.II), CBDT

(F. No. 225/75/2019-ITA.II)

Copy to:-

  1. PS to FM/OSD to FM/PS to MoS(F)/OSD to MoS(F)
  2. PS/OSD to Secretary (Revenue)
  1. Chairman, CBDT & All Members, CBDT
  2. All CCsiT/ Pr.DsGIT
  3. All Joint Secretaries/CsiT, CBDT
  4. CIT (M&TP), Official Spokesperson of CBDT
  5. ADG(S)-4 for uploading on official website of income tax department
  6. CIT (Database Cell) for uploading on irsofficersonline.

Download Circular Click Here >>

Share

Recent Posts

  • Income Tax

Requirement of DIN referencing in Income Tax notices etc. and exceptions

CBDT has issued revised requirements of DIN referencing in Income Tax notices etc. and exceptions Section 292B of Income Tax…

24 hours ago
  • Income Tax

Applicability of deeming fiction u/s 50C when property purchased & sold within same year

When property purchased and sold within same year both sale and purchase price has to be adopted by applying same…

1 day ago
  • ICAI

ICAI defers the effective date of Standard on Quality Management SQM1 and SQM2

ICAI defers the mandatory effective date of SQM 1 and SQM 2 The Council of ICAI, at its 451st Meeting…

1 day ago
  • Income Tax

Addition based on letter of District Magistrate not recovered during search deleted

Addition deleted as it was made on the basis of letter of District Magistrate which not recovered during the search…

2 days ago
  • Income Tax

CBDT clarification on threshold for TDS on interest by banks under Income Tax Act 2025

Banks not required to deduct TDS under Income Tax Act 2025 on interest income below threshold limit - CBDT clarification …

2 days ago
  • Income Tax

Allegations of delay in TDS deposit & person responsible must be tested at trial

Allegations of delay in TDS deposit, role of person responsible are disputed factual matters which must be tested at trial…

2 days ago