Various Confusion on Aadhar and PAN linking, Let us comprehend By CS Gaurav Kumar


This write-up is an attempt to clear confusion over various issues on Aadhar(UID).
Is it necessary to link bank account with Aadhaar?
As per gazette notification of Ministry of Finance, dated 1st June 2017, Individuals are required to provide Aadhaar number for linking all their bank accounts before 31st Dec 2017.
For residents not having Aadhaar it is suggested that they get themselves Enroled to get an Aadhaar.
For NRIs it is suggested that they disclose their non-resident status with proof to their bank.
For the status of account becoming in-operational only the relevant banks shall be able to give response.
As per gazette notification of Ministry of Finance, dated 1st June 2017, Aadhaar will be sought for all transactions for an amount INR 50,000 or above.
The Aadhaar authentication service is fully functional and in use in several service delivery schemes across the country. The Aadhaar Card or the e-Aadhaar (electronic copy of Aadhaar) are essentially given to residents to know their own Aadhaar, but are only the first step towards the actual use of the online id as explained in the preceding para.
Section 139AA of the Income-tax Act, 1961 as introduced 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.
It is clarified that such mandatory quoting of Aadhaar or Enrolment ID shall apply only to a person who is eligible to obtain Aadhaar number.
As per the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, only a resident individual is entitled to obtain Aadhaar. Resident as per the said Act means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment. Accordingly, the requirement to quote Aadhaar as per section 139AA of the Income-tax Act shall not apply to an individual who is not a resident as per the Aadhaar Act, 2016.
Downloaded Aadhaar or e-Adhaar carries Name, Address, Gender, Photo and Date of Birth details of the Aadhaar holder in similar form as in Printed Aadhaar letter. The e-Aadhaar also contains date of Aadhaar generation & date of e-Aadhaar download. The downloaded Aadhaar or e-Aadhaar is a digitally signed document by UIDAI as per IT Act, 2000 which provides for legal recognition of electronic records with digital signatures.
Hence Downloaded Aadhaar /e-Aadhaar is a valid and secure electronic document which should be treated at par with printed Aadhaar letter.
In order to Link Aadhaar with PAN, ideally your demographic details (i.e. Name, Gender and Date of Birth) should match in both the documents.
In case of any minor mismatch in Aadhaar Name provided by taxpayer when compared to the actual data in Aadhaar, One Time Password (Aadhaar OTP) will be sent to the mobile registered with Aadhaar. Taxpayers should ensure that the date of birth and gender in PAN and Aadhaar are exactly same.
In a rare case where Aadhaar name is completely different from name in PAN, then the linking will fail and taxpayer will be prompted to change the name in either Aadhaar or in PAN database.
Note:For PAN data update related queries you may visit: https://www.utiitsl.com.
For Aadhaar update related information you may visit UIDAI official website: www.uidai.gov.in
In-case linking problem still persists you are requested to visit Income Tax official website or call IT department helpline.
In order to Link Aadhaar with PAN, your demographic details – Name, Gender and Date of Birth should match. We request you to please get your Name Spelling Corrected in appropriate document i.e. PAN or Aadhaar and try to link again
In-case linking problem still persists, we request you to please get in touch with Income Tax department incometaxindia.gov.in or visit https://www.utiitsl.com.
For PAN related queries, you are requested to please contact with Income Tax department incometaxindia.gov.in or visit https://www.utiitsl.com.
In-case linking problem still persists, we request you to please get in touch with Income Tax department incometaxindia.gov.in or visit https://www.utiitsl.com.
In-case linking problem still persists, we request you to please get in touch with Income Tax department incometaxindia.gov.in or visit https://www.utiitsl.com.
The Inputs has been taken from UIDAI
Compiled By
CS Gaurav Kumar
Co-Founder
Compliance Calendar LLP
founders@compliancecalendar.in

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About Author
Gaurav Kumar
Qualification: Company Secretary
Company: Compliance Calendar LLP
Location: New Delhi
Member Since: 09 Dec 2017 | Total Articles Contributed: 22
About Author :
Gaurav Kumar is Law Graduate, Masters in Commerce and Fellow Member of ICSI. He is also a Member of the Corporate Affairs Committee of PHD Chamber of Commerce & Industry (PHDCCI).
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