Union of India & Ors. v. Shreya Sen & Anr
[Citation -2019-LL-0204-88]

Citation 2019-LL-0204-88
Appellant Name Union of India & Ors.
Respondent Name Shreya Sen & Anr.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 04/02/2019
Assessment Year 2019-20
Judgment View Judgment
Keyword Tags income tax return • linkage of aadhar and pan numbers
Bot Summary: UPON hearing the counsel the Court made the following ORDER Delay condoned. The High Court vide impugned order dated 24.2.2018 passed in Writ Signature Not Verified Petition No.7444 of 2018, had permitted the Digitally signed by SANJAY KUMAR Date: 2019.02.05 respondents herein to file the Income Tax Return for the Assessment 16:59:06 IST Reason: Year 2018-19 without linkage of their Aadhar and PAN numbers and it was also directed that the Income Tax Department would not insist 2 on production of their number of Aadhar enrolement. The aforesaid order was passed by the High Court having regard to the fact that the matter was pending consideration in this Court. Thereafter, this Court has decided the matter and upheld the vires of section 139AA of the Income Tax Act. In view thereof, linkage of PAN with Aadhar is mandatory. Insofar as assessment year 2018-19 is concerned, learned counsel appearing for the respondents informs that the respondents had filed the income tax returns in terms of the orders of the High Court and the assessment has also been completed. We therefore make it clear that for the assessment year 2019-20, the income tax return shall be filed in terms of the judgment passed by this Court.


SUPREME COURT OF INDIA RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).34292/2018 (Arising out of impugned final judgment and order dated 24-07-2018 in WP(C) No.7444/2018 passed by High Court Of Delhi At New Delhi) UNION OF INDIA & ORS. Petitioner(s) VERSUS SHREYA SEN & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.164367/2018-CONDONATION OF DELAY IN FILING SLP and IA No.164370/2018-EXEMPTION FROM FILING C/C OF IMPUGNED JUDGMENT and IA No.164368/2018-CONDONATION OF DELAY IN REFILING SLP) Date : 04-02-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. K. K. Venugopal, Ld. AG Mr. Zoheb Hossain, Adv. Mr. Rupesh Kumar, Adv. Mrs. Shradha Deshmukh, Adv. Mrs. Anil Katiyar, AOR For Respondent(s) Mr. Mohit Chaudhary, AOR Ms. Puja Sharma, Adv. Mr. Balwinder Singh Suri, Adv. Ms. Tripty Poddar, Adv. UPON hearing counsel Court made following ORDER Delay condoned. High Court vide impugned order dated 24.2.2018 passed in Writ Signature Not Verified Petition (Civil) No.7444 of 2018, had permitted Digitally signed by SANJAY KUMAR Date: 2019.02.05 respondents herein to file Income Tax Return for Assessment 16:59:06 IST Reason: Year 2018-19 without linkage of their Aadhar and PAN numbers and it was also directed that Income Tax Department would not insist 2 on production of their number of Aadhar enrolement. aforesaid order was passed by High Court having regard to fact that matter was pending consideration in this Court. Thereafter, this Court has decided matter and upheld vires of section 139AA of Income Tax Act. In view thereof, linkage of PAN with Aadhar is mandatory. Insofar as assessment year 2018-19 is concerned, learned counsel appearing for respondents informs that respondents had filed income tax returns in terms of orders of High Court and assessment has also been completed. We therefore make it clear that for assessment year 2019-20, income tax return shall be filed in terms of judgment passed by this Court. special leave petition is disposed of in above terms. Pending interlocutory applications, if any, stand disposed of. (SANJAY KUMAR-II) (SANTOSH KUMAR) COURT MASTER (SH) COURT MASTER (NSH) Union of India & Ors. v. Shreya Sen & Anr
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