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2017 (11) TMI 450

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..... AA violates Article 21 of the Constitution? - Held that:- On one hand, minus the angle of right to privacy, the Supreme Court in case of Binoy Viswam (2017 (6) TMI 478 - SUPREME COURT OF INDIA ) has upheld the validity of section 139AA of the Act. The question of validity of section 139AA of the Act on the anvil of breach of right to privacy would now have to be tested. The question whether Aadhar .....

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..... the department to process such return. - Special Civil Application No. 17329 of 2017 - - - Dated:- 12-10-2017 - MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Petitioner : Mr S N Soparkar, Sr Adv With Mrs Swati Soparkar, Advocate For The Respondent : Mr Bhatt For Mrs Mauna M Bhatt, Advocate ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Affidavit in r .....

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..... ng system of the department would not accept any such return. 2. We have heard learned counsel for the parties. The issues would require further consideration. For the present, we may record that the Supreme Court in case of Binoy Viswam vs Union of India and ors reported in (2017) 7 SCC 59 had the occasion to test the validity of section 139AA of the Act minus the issue of right to priva .....

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..... e Court in case of Binoy Viswam (supra) has upheld the validity of section 139AA of the Act. The question of validity of section 139AA of the Act on the anvil of breach of right to privacy would now have to be tested. The question whether Aadhar card regime breaches such a right is at large before the Supreme Court. In the meantime, the last date for filing return for the petitionerassessee woul .....

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