Madras High Court allows woman to file I-T returns without quoting Aadhaar

The petitioner also referred to similar petitions allowed by the Kerala High Court permitting people to file returns without quoting Aadhaar number or enrolment number.

Chennai | Published: November 1, 2017 10:31 am
Madras, Aadhar, Madras High Court, IT Returns, Aadhar mandatory, Supreme Court, Linking Aadhar to banks, India News, Indian Express The Judge posted the matter to December 18 for the I-T department to file its counter-affidavit.

The Madras High Court today allowed a woman to file her income tax returns without quoting Aadhaar number or Aadhaar enrolment number. Justice T S Sivagnanam passed the interim order on a plea by Preethi Mohan. She had moved the court relying upon a Supreme Court decision in Binoy Viswam Vs Union of India case, in which it had imposed a partial stay on the operation of Section 139AA of the Income Tax Act, which mandates linkage of Aadhaar with I-T returns.

The counsel for the woman contended that the directions issued by the apex court in the case make it clear that Aadhaar scheme was always meant to be voluntary. “But despite a partial stay imposed by the apex court, the Income Tax department is acting in a manner directly opposed to the court order and are demanding linkage of Aadhaar,” the counsel submitted. The petitioner also referred to similar petitions allowed by the Kerala High Court permitting people to file returns without quoting Aadhaar number or enrolment number.

Recording the submissions, the judge said, “I am inclined to grant a similar relief, since today being the last day for filing income tax returns. If the returns are filed belatedly and if ultimately, the matter is decided by the Constitution Bench of Supreme Court against the petitioner, then she may be liable to pay interest for belated payment of tax.”

“Accordingly, there will be an interim direction to the Income Tax department to permit the petitioner to file her returns for the assessment year 2017-18 either manually or through appropriate e-filing facility without insisting for Aadhaar number,” the judge said and posted the matter to December 18 for the I-T department to file its counter-affidavit.

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  1. R
    Reader
    Nov 6, 2017 at 2:53 pm
    The biometrics-based Aadhaar program is inherently flawed. Biometrics can be easily lifted by external means, there is no need to hack the system. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can CLONE your fingerprints and iris images without your knowledge, and the same can be used for authentication. That is why advanced countries like the US, UK, etc. did not implement such a self-destructive biometrics-based system. If the biometric details of a person are COMPROMISED ONCE, then even a new Aadhaar card will not help the person concerned. This is NOT like blocking an ATM card and taking a new one.
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    1. Arvind Shah
      Nov 1, 2017 at 3:28 pm
      Of late, Adhar has become a nuisance. Adhaar must be abolished to stop harassment to the people. Instead of terrorists and black marketeers and money launderers common people are put to lots of difficulties.
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      1. R
        Reader
        Nov 1, 2017 at 10:56 am
        A centralized and inter-linked biometric database like Aadhaar will lead to profiling and self-censorship, endangering freedom. Personal data gathered under the Aadhaar program is prone to misuse and surveillance. Aadhaar project has created a vulnerability to identi-ty fraud, even identi-ty theft. Easy harvesting of biometrics traits and publicly-available Aadhaar numbers increase the risk of impersonation, especially online and banking fraud. Centralized databases can be hacked. Biometrics can be cloned, copied and reused. Thus, BIOMETRICS CAN BE FAKED. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can clone your fingerprints and iris images without your knowledge, and the same can be used for authentication. If the Aadhaar scheme is NOT STOPPED by the Supreme Court, the biometric features of Indians will soon be cloned, misused, and even traded.
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        1. R
          Reader
          Nov 1, 2017 at 10:56 am
          UK’s Biometric ID Database was dismantled. Why the United Kingdom's biometrics-linked National Identi-ty Card project to create a centralized register of sensitive information about residents similar to Aadhaar was scrapped in 2010?? The reasons were the massive threat posed to the privacy of people, the possibility of a surveillance state, the dangers of maintaining such a huge centralized repository of personal information and the purposes it could be used for, the dangers of such a centralized database being hacked, and the unreliability of such large-scale biometric verification processes. The Aadhaar program was designed in 2009 by mainly considering the 'Identi-ty Cards Act 2006' of UK, but the UK stopped that project in 2010, whereas India continued the biometrics-based program. We must think why the United Kingdom abandoned their project and destroyed the data collected. (Google: 'Identi-ty Cards Act 2006' and 'Identi-ty Documents Act 2010' )
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          1. R
            Reader
            Nov 1, 2017 at 10:55 am
            The US Social Security Number (SSN) card has NO BIOMETRIC DETAILS, no photograph, no physical description and no birth date. All it does is confirm that a particular number has been issued to a particular name. Instead, a driving license or state ID card is used as an identification for adults. The US government DOES NOT collect the biometric details of its own citizens for the purpose of issuing Social Security Number. The US collects the fingerprints of only those citizens who are involved in any criminal activity (it has nothing to do with SSN), and the citizens of other countries who come to the US.
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