Skip to main content

SC refuses interim order on Aadhaar notification


The Supreme Court on Tuesday refused to pass an interim order against the Centre’s notification making Aadhaar mandatory for availing of benefits under social welfare schemes, with the government assuring the court that no citizen would be deprived of such benefits for want of the unique identity number. The earlier deadline of June 30 has been extended till September 30 for those who want to apply for Aadhaar. The SC observed that no interim order could be passed merely on the “apprehension” raised by the petitioners that somebody might be deprived of benefits.

The Supreme Court on Tuesday refused to pass an interim order against the Centre’s notification making Aadhaar mandatory for availing benefits under social welfare schemes, with the government assuring the court that no citizen would be deprived of such benefits for want of the unique identity number.The earlier deadline of June 30 has been extended till September 30 for those who want to apply for Aadhaar.

The apex court observed that no interim order could be passed merely on the “apprehension” raised by the petitioners that somebody might be deprived of benefits under the various social welfare schemes due to lack of the Aadhaar card. “No interim order can be passed in mandamus (restraining order) on mere apprehensions. You have to wait for one week,” a vacation bench of Justice A M Khanwilkar and Justice Navin Sinha told the petitioners.

Additional Solicitor General Tushar Mehta told the Bench that if anyone was deprived of any benefits, the matter should be brought before the authorities or the court. The government, he said, would follow the words of the notification in “letter and spirit”.

The court was hearing an application against the recent notification on Aadhaar, alleging that it had violated the earlier orders which confined the use of card only for socially beneficial schemes like the distribution of food grain or cooking gas. Shyam Divan, counsel for petitioner Shanta Singh, argued that the notification would deprive even schoolchildren of mid-day meals. Other sections of society, like those rescued from trafficking and bonded labour, also would be affected, the counsel said.

The judges, while adjourning the hearing till July 7, stated that no clarification was necessary in view of the government’s clarification and the recent detailed order on Aadhaar delivered on June 6.

They observed that the situation would not change within one week and there was the question whether the vacation bench can change the earlier orders when the issues were before other benches, including the Constitution bench.

The court allowed the government to file its written reply this weekend, before the Wednesday hearing by a regular bench. The question of validity of the Aadhaar card scheme, which was made statutory last year, is before the court in various petitions.

The first petition, filed in 2014, has been referred to a Constitution bench as the government has denied that citizens have a right to privacy as claimed by the petitioner, a former Karnataka high court judge. Others have also joined the issue in other petitions, like the validity of Section 139AA of the Income Tax Act in the Budget.Meanwhile, the government has been extending the scheme to several more fields through notifications, all of which have been challenged in the Supreme Court.

Business Standard New Delhi, 28th June 2017

Comments

Popular posts from this blog

New income tax slab and rates for new tax regime FY 2023-24 (AY 2024-25) announced in Budget 2023

  Basic exemption limit has been hiked to Rs.3 lakh from Rs 2.5 currently under the new income tax regime in Budget 2023. Further, the income tax slabs in the new tax regime has been changed. According to the announcement, 5 income tax slabs will be there in FY 2023-24, from 6 income tax slabs currently. A rebate under Section 87A has been enhanced under the new tax regime; from the current income level of Rs.5 lakh to Rs.7 lakh. Thus, individuals opting for the new income tax regime and having an income up to Rs.7 lakh will not pay any taxes   The income tax slabs under the new income tax regime will now be as follows: Rs 0 to Rs 3 lakh - 0% tax rate Rs 3 lakh to 6 lakh - 5% Rs 6 lakh to 9 lakh - 10% Rs 9 lakh to Rs 12 lakh - 15% Rs 12 lakh to Rs 15 lakh - 20% Above Rs 15 lakh - 30%   The revised Income tax slabs under new tax regime for FY 2023-24 (AY 2024-25)   Income tax slabs under new tax regime Income tax rates under new tax regime O to Rs 3 lakh 0 Rs 3 lakh to Rs 6 lakh 5% Rs 6

Jaitley plans to cut MSME tax rate to 25%

Income tax for companies with annual turnover up to ?50 crore has been reduced to 25% from 30% in order to make Micro, Small and Medium Enterprises (MSME) companies more viable and also to encourage firms to migrate to a company format. This move will benefit 96% or 6.67 lakh of the 6.94 lakh companies filing returns of lower taxation and make MSME sector more competitive as compared with large companies. However, bigger firms have shown their disappointment since the proposal for reducing tax rates was to make Indian firms competitive globally and it is the large firms that are competing globally. The Finance Minister foregone revenue estimate of Rs 7,200 crore per annum for this for this measure. Besides, the Finance Minister refrained from removing or reducing Minimum Alternate Tax (MAT), a popular demand from India Inc., but provided a higher period of 15 years for carry forward of future credit claims, instead of the existing 10-year period. “It is not practical to rem

Don't forget to verify your income tax return in August: Here's the process

  An ITR return needs to be verified within 120 days of filing of tax return. Now that you have filed your income tax return, remember to verify it because your return filing process is not complete unless you do so. The CBDT has reduced the time limit of ITR verification to 30 days (from 120 days) from the date of return submission. The new rule is applicable for the returns filed online on or after 1st August 2022. E-verification is the most convenient and instant method for verifying your ITR. However, if you prefer not to e-verify, you have the option to verify it by sending a physical copy of the ITR-V. Taxpayers who filed returns by July 31, 2023 but forget to verify their tax returns, will get the following email from the tax department, as per ClearTax. If your ITR is not verified within 30 days of e-filing, it will be considered invalid, and may be liable to pay a Late Fee. Aadhaar OTP | EVC through bank account | EVC through Demat account | Sending duly signed ITR-V through s