26 September 2018

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Opinion Indirectly SC verdict on Aadhaar makes Aadhaar compulsory for all Indians

Opinion Indirectly SC verdict on Aadhaar makes Aadhaar compulsory for all Indians
The Supreme Court Wednesday upheld the constitutional validity of the BJP Modi government Aadhaar scheme saying it serves a larger public interest and empowers the marginalized sections.

Only Justice Chandrachud’s judgment strike it down on the ground that it bothers right to privacy,”

Aadhaar card will not be required to link with Bank accounts, Mobile phone numbers and or get a new mobile number or to open a new bank account you will not require Aadhaar number

Private companies will not be allowed to use the Aadhaar data.

It would also not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test for medical entrance and the University Grants Commission.
The bench also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act.
Now here comes the twist understand how Aadhaar Card indirectly becomes compulsory for each and every Indian.

A five-judge constitution bench headed by Chief Justice Dipak Misra held that Aadhaar would remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN)

First Understand what is PAN and importance?

Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued in the form of a laminated card, by the Income Tax Department, to any "person" who applies for it or to whom the department allots the number without an application.

PAN enables the department to link all transactions of the "person" with the department. These transactions include tax payments, TDS/TCS credits, returns of income/wealth/gift/FBT, specified transactions, correspondence, and so on. PAN, thus, acts as an identifier for the "person" with the tax department.

PAN was introduced to facilitates linking of various documents, including payment of taxes, assessment, tax demand, tax arrears etc. relating to an assessee, to facilitate easy retrieval of information and to facilitate matching of information relating to investment, raising of loans and other business activities of taxpayers collected through various sources, both internal as well as external, for detecting and combating tax evasion and widening of tax base.

WHY IS IT NECESSARY TO HAVE PAN?

It is mandatory to quote PAN on return of income, all correspondence with any income tax authority. From 1 January 2005 it has become mandatory to quote PAN on challans for any payments due to Income Tax Department.

It is also compulsory to quote PAN in all documents pertaining to the following financial transactions:-

 (a) sale or purchase of any immovable property valued at five lakh rupees or more;
 (b) sale or purchase of a motor vehicle or vehicle, [the sale or purchase of a motor vehicle or vehicle does not include two wheeled vehicles, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;]
 (c) a time deposit, exceeding fifty thousand rupees, with a banking company;
 (d) a deposit, exceeding fifty thousand rupees, in any account with Post Office Savings Bank;
 (e) a contract of a value exceeding one lakh rupees for sale or purchase of securities;
 (f) opening a bank account;
 (g) making an application for installation of a telephone connection (including a cellular telephone connection);
 (h) payment to hotels and restaurants against their bills for an amount exceeding twenty-five thousand rupees at any one time;
  (i) payment in cash for purchase of bank drafts or pay orders or banker's cheques for an amount aggregating fifty thousand rupees or more during any one day;
  (j) deposit in cash aggregating fifty thousand rupees or more with a bank during any one day;
 (k) payment in cash in connection with travel to any foreign country of an amount exceeding twenty-five thousand rupees at any one time.
  (l) making an application for issue of credit card or debit card.
(m) payment of an amount of fifty thousand rupees or more to a Mutual Fund for purchase of its units;
 (n) payment of an amount of fifty thousand rupees or more to a company for acquiring shares issued by it;
 (o) payment of an amount of fifty thousand rupees or more to a company or an institution for acquiring debentures or bonds issued by it;
 (p) payment of an amount of fifty thousand rupees or more to the Reserve Bank of India
 (q) payment of an amount aggregating fifty thousand rupees or more in a year as life insurance premium to an insurer
 (r) payment to a dealer,—
  (i) of an amount of five lakh rupees or more at any one time; or
 (ii) against, a bill for an amount of five lakh rupees or more,
for purchase of bullion or jewellery

Because of above reasons today or tomorrow every Indian will need Pan number.

Without Aadhaar number you will not get Pan Number.

Thus Aadhaar Number becomes compulsory for all Indian citizens.

Pan Number is enough there is no need of Aadhaar Number.

Your Pan Number will get linked with Aadhaar and unofficially it will become very easy for the corrupt politicians or executives to keep watch on particular citizens.

Loophole – If Pan Number is compulsory then if possible use the Pan number of only one family member everywhere and enjoy life.

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Wednesday,September 26, 2018

Tags – Aadhaar Compulsory India SC Verdict