I was filing my IT Return for AY 2018-19 and have completed all processes on the online portal (www.incometaxindiaefiling.gov.in) including payment of self-assesment tax.
However, I was unable to complete the last step of submission of my ITR due to my inability to share Aadhar no. or Aadhar enrollment no.
As per the ruling of the Honorable Supreme Court of India, this cannot be made mandatory and hence, I find myself unable to complete my ITR submission.
On the basis of an news report in The Times of India (https://timesofindia.indiatimes.com/india/delhi-hc-lets-2-lawyers-file-tax-returns-without-aadhaar/articleshow/63618621.cms) I wrote to the IT Department and received the following reply (I have added spaces for ease in reading):
Resolution Inputs:
Section 139AA of the Income-Tax Act, 1961, as inserted by the Finance Act, 2017, provides for mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form for filing of return of income and for making an application for allotment of Permanent Account Number with effect from 1st July, 2017.
However, the Central Government vide notification dated 11th May, 2017 has notified that the requirement of quoting of Aadhaar / Enrolment ID shall not apply to the following individuals if they do not possess the Aadhaar / Enrolment ID:
An individual who is residing in the state of Assam, Jammu and Kashmir and Meghalaya.
An individual who is a non-resident as per the Income-Tax Act, 1961.
An individual of the age of 80 years or more at any time during the previous year.
An individual who is not a citizen of India.
For all other, it is mandatory. In case, you have any reservation on this aspect, you may approach the Judiciary for specific relief from application of the above provisions of law.
Is there a possibility to 'approach the judiciary' without filing a legal case? I tried searching for ways and found Centralized Public Grievance Redress And Monitoring System (CPGRAMS) website. However, I doubt its efficacy since it is a Government Department and not from the Indian Judiciary.
What are the possible options in this scenario?
Thanks
Gurdeep
