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Aadhaar for PAN: Why MPs didn’t object, asks Supreme Court

The apex court was hearing three petitions challenging the constitutional validity of section 139AA of the Income Tax (IT) Act.

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The Supreme Court on Wednesday put a poser as to why there was no objection from lawmakers on the government’s decision to make Aadhaar mandatory for making PAN cards, a move which was given effect by the latest budget from July 1.

“542 persons are sitting in Parliament, why do they not object to it? If they are not objecting on it, why should we go into it,” a bench comprising Justices A K Sikri and Ashok Bhushan said.

When it was told that the Centre has earlier made a statement in the SC that they would not make Aadhaar mandatory, the bench said, “they cannot be bound by it. It cannot preclude Parliament from enacting a statutory provision.”

The apex court was hearing three petitions challenging the constitutional validity of section 139AA of the Income Tax (IT) Act.

Section 139AA, introduced through the latest budget and the Finance Act 2017, provides for mandatory quoting of Aadhaar or enrollment ID of Aadhaar application form for filing of income tax returns and making application for allotment of PAN number with effect from July 1 this year.

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