The Delhi High Court on Wednesday directed the Income Tax department to accept the returns of advocates Mukul Talwar and Vrinda Grover though they have not quoted their Aadhaar number or linked it with their Permanent Account Number. The court told the department to not insist on linking Aadhaar or quoting the enrolment number in the returns, PTI reported.

Justices S Ravindra Bhat and AK Chawla also sought the response of the Centre and the Central Board of Direct Taxes on a petition opposing the requirement of Aadhaar for e-filing tax returns. The petitioners told the court that their returns were not accepted by the e-filing portal of the Income Tax Department as they did not provide an Aadhaar number.

Advocate Kirti Uppal, who represented the petitioners, said that since the Supreme Court had indefinitely extended the March 31 deadline to link Aadhaar with bank accounts and mobile numbers, the Income Tax department cannot insist on the 12-digit identification number for e-filing of returns. Last month, the Centre extended the deadline for citizens to link their Aadhaar number with welfare schemes by three months to June 30.

The petitioners said insisting on enrolling for Aadhaar to file tax returns is “arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution”.

The petitioners have asked that the CBDT “allow individual assesses to submit the return of income for assessment year 2017-’18 without linking or having to mandatorily quote an Aadhaar number or Aadhaar enrolment number in such return and to treat such return as having been duly filed in accordance with law”.

They have also sought directions to the Centre and the CBDT to “not penalise or prosecute individual assesses for being unable to electronically file their returns of income due to the e-filing portal not accepting returns for non-quoting of an Aadhaar number or Aadhaar enrolment number”.

The court will hear the matter next on May 14.