Gujarat: High court directive – PAN will not be canceled for not linking to Aadhaar, wait for the decision of the Supreme Court in this case

  1. The High Court said – A person will not be considered a defaulter just because his PAN card is not linked to Aadhaar.
  2. Section 139AA of the Income Tax Act is not valid till the judgment of the Supreme Court is reached.

Gujarat High Court has said that even if the Aadhaar is not linked to Aadhaar, the PAN card will not be canceled (inoperative). The income tax department has fixed March 31, 2020 as the deadline for linking NAPAN with Aadhaar. By this date, if a person’s PAN card is not linked to Aadhaar, his PAN number will become inoperative. The High Court held that the validity of the Aadhaar Act is currently under consideration in the Supreme Court. In such a situation, no decision can be taken on linking PAN and Aadhaar.

Personal information may be leaked from Aadhaar

The Gujarat High Court, while hearing the plea of ​​Bandish Saurabh Soparkar, said that the PAN card will not be declared canceled if it is not linked to Aadhaar and it will not be considered a defaulter simply because its PAN is not linked to Aadhaar. If the applicant informs the Aadhaar card to the Income Tax Department, then his entire private confidential information may be lost. The court stayed the Income Tax Department’s order until the Supreme Court’s verdict came.

High Court Justice Harsha Devani and Justice Sangeeta K. In his order, Wisen said that it is illegal for the Income Tax Department to repeatedly increase the time frame for linking PAN-Aadhaar. The bench said that we want to make it clear that Income Tax Act Case 139AA is not valid till the Supreme Court gives its verdict in the case ‘Roger Mathew v South Indian Bank Limited’.

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