SC Partially Stays Law Linking Aadhar To PAN:- The new law linking Aadhar to the Permanent Account Number (PAN) was upheld by the Supreme Court today.

But, it partially stayed on the implementation of the provisions in the Income Tax (IT) Act making Aadhar number compulsory for allotment of PAN card and filing of Income Tax Returns (ITR).

AK Sikri and Justice Ashok Bhushan were the bench of justices who said that those who already possess Aadhaar number will have to link it with PAN, but it cannot be insisted upon in case of people not possessing Aadhaar card.

Justice Sikri pronounced the judgment holding, that the said provision in the IT Act was not violative of Article 14 (Right to Equality) and Article 19. He further said that the new provision may be effective prospectively and not retrospectively, and the transactions already undertaken in the past cannot be reopened.

“The government to take proper and appropriate steps and the scheme in this regard has to be devised at the earliest till confidence among the citizens that the data would not be leaked,” the bench said.

“There was no conflict between the impugned provisions of the Income Tax Act and the Aadhaar Act,” the bench cleared.

The PAN card without Aadhaar number would not be treated invalid till the Constitution bench decides the larger issue of Right to Privacy. The previous transactions will not be affected or nullified with partial stay on the new law till privacy issue linked to Aadhaar is decided, said the bench.

Earlier, the Centre had said that the programme of PAN had become suspect as it could be faked, while Aadhaar was a “secure and robust” system by which the identity of an individual could not be faked.

SUPRAJA