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Giving effect to the judgement(s)/order(s) of Hon'ble Supreme Court on Aadhaar-PAN for filing return of income
April, 03rd 2019
                                                                                          Circular No.6/2019
                                            Government of India
                                              Ministry of Finance
                                           Department of Revenue
                                          Central Board of Direct Taxes
                                                      *****
                                                                                               st
                                                              North Block, New Delhi, the 31        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 01.04.2019 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
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.

                                                                                          ~~
                                                                               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)
3.   Chairman, CBOT & All Members, CBOT
4.   All Pr.CCsITj Pr.OsGIT
5.   All Joint Secretaries/CslT, CBDT
6.   CIT (M& TP), Official Spokesperson of (BDT
7.   ADG(S)-4 for uploading on official website of income tax department
8.   Addl.CIT (Database Cell) for uploading on irsofficersonline.



                                                                              ~5
                                                                  Under Secretary (ITA.II), CS'oT

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