AADHAAR RELATED ARTICLES: 13482 - Aadhaar card not required for NRI

In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.

On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.

In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.

In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.

In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.

"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi

Ram Krishnaswamy

Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Monday, May 7, 2018

13482 - Aadhaar card not required for NRI - Tribune India

Posted at: May 7, 2018, 12:46 AM; l

Aadhaar card not required for NRI

SC Vasudeva

Q. I am an NRI having residential HUF property at Chandigarh which I am planning to sell.

1. Can I give a letter of authority to my father to sell the property?
2. What would be the tax applicable?
3. Can I get an Aadhaar card? Please advise.- Dr Gurman Gill

A. (a) You can execute a Power of Attorney in favour of your father authorising him to sell the property on behalf of your HUF.

(b) Capital gain arising on the sale of the property shall be taxable @20% plus education cess of 3% in case the amount of capital gain arising on the sale of the property which has been held for more than two years. In case it is not so held, tax would be chargeable at the normal slab rates applicable for the relevant assessment year.

(c) An NRI is not required to obtain an Aadhaar card. This is in accordance with the notification issued by the Government.

Q. The rent of my godown complex for the month of March 2017 (FY 17-18) was paid to me during financial year 18-19.

1) Please clarify whether this rental income is to be counted towards the FY 17-18 or FY 18-19 while filing the I-T return.

2) Also clarify whether TDS deducted from the rental bill of March 2017 paid during the FY 18-19 will be counted towards the FY 17-18 or 18-19 for filing the I-T return.

- Surjit Singh

A. Your queries are replied on the presumption that the amount of rent for March 2017 has been received in financial year 2017-18 relevant to the assessment year 2018-19 and the words "financial year 18-19" have been mentioned incorrectly as rent for March 17 could not have been received in financial year 18-19.

(a) The rental income for the godown complex for the financial year 2017-18 shall have to reflected in the return of income for the full year i.e. April 1, 2017 to March 31, 2018 even though the amount has been received in the succeeding year.

(b) The credit for tax deducted at source will be available on the basis of form 26AS, which indicates deduction of tax by the payer and for which the relevant return has been filed by the payer. Therefore, in this case, the amount of tax deducted at source in respect of the rent for the month of March 2017 having been paid in the succeeding year, the credit for the same shall be allowed to you in the succeeding year.

Q. i) I purchased one Jeevan Dhara policy from LIC in 1990 for which the annual premium was Rs 1,640. Now this policy is matured and I am getting Rs 1,800 per month as annuity. Kindly advise me whether this amount is taxable.

ii) I understand that under Section 80-D of income tax, mediclaim insurance premiums and medical expenses incurred are deductible to the extent of Rs 30,000. Please advise which medical expenses are deductible under this section. I am a retired public sector employee and senior citizen.

- PK Garg

A. i) It is not possible to give reply to your query with regard to the receipt of annuity till such time the terms of the policy are perused.

(b) Deduction under Section 80D of the Act is allowable for medical expenditure incurred on the health of the assessee or any members of his family as it does not exceed Rs 30,000 in case of a very senior citizen. The section does not indicate the nature of expenditure and therefore any expenditure incurred by a very senior citizen for the cost of medicines, doctor's fee, etc. which is paid by the assessee in connection with his or any family member's health problem should be allowable as deduction. It may be added that the Finance Act 2018 has increased the allowable amount of deduction as Rs 50,000 and further such deduction shall be allowable to a senior citizen for financial year 2018-19.

(Readers can send their queries to delhi@scvindia.com)