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In the petition filed by Shreya Sen, seeking relief to file the tax return without Aadhar linkage till the time granted by the Central Board of Direct Taxes (CBDT) to link Aadhar card or PAN card. The petitioner relied on the order passed by the HC Delhi on May 14 in Mukul Talwar v. UOI, where it was held that the respondents concerned to accept the tax must allow the petitioners to file returns without Aadhar linkage till March 31 which is the deadline given by CBDT for Aadhar PAN linkage. In the following case CBDT issued an order under section 119 of the Income Tax Act,1961 on June 30 through which the time for linking Aadhar was extended till 31st March, 2019.
The bench comprising Justice S. Ravindra Bhatt and Justice A.K. Chawla realised that the direction given in Mukul Talwar need to be warranted in the present case. The order mentioned that the petitioner to be allowed to file their return for the year 2018-19 without Aadhar linkage. The bench also directed the CBDT to amend the digital form to enable to assesses to opt out of the mandatory requirement of Aadhar number for filling returns till March 31, 2019.
The petitioners also mentioned that even after the extension of the deadline of linking Aadhar PAN by the CBDT, the petitioner received e-mail from the IT department stating that in a case like theirs, parties need to approach the courts. To this the Bench stated that if CBDT itself extended the deadline till March 31, 2019 then they are also responsible to create a service through which returns can easily be filed without linking Aadhar or PAN card.
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