No supporting document for gender required for PAN under transgender category: I-T

Agencies
May 9, 2018

New Delhi, May 9: Need a PAN card under transgender category? No supporting document for gender is required either in fresh application or to change an existing card, the Income Tax Department said on Wednesday.

The department, on April 10, had amended the income tax rules to henceforth allow transgenders be recognised as an independent category of applicants for obtaining a Permanent Account Number (PAN) for their tax-related transactions.

Till now, only male and female gender categories were available to be chosen on the PAN application form. The CBDT had effected the change in view of representations received by it in this context, as transgenders were facing problems in getting a new PAN or transacting using their old PANs.

"New PAN allotment and change request applications with gender as transgender is allowed without hassle. Also, there is no requirement of depositing any supporting document for change of gender to transgnder vide PAN change request application made either through the portal of NSDL or UTIITSL," the department today said in an advisory.

PAN is a 10-digit unique alphanumeric number allotted by the I-T department to individuals and entities. The National Securities Depository Limited (NSDL) and UTI Infrastructure Technology And Services Limited (UTIITSL) are entrusted with the task of preparing PANs on behalf of the ITD.

The Central Board of Direct Taxes (CBDT), in the notification issued in April, under sections 139A and 295 of the Income Tax Act had specified the new application process for obtaining a PAN number by an individual.

"Individuals from the transgender community were facing hassles in obtaining a PAN card and this problem was further magnified as Aadhaar had the third gender category but not PAN. Hence, the transgenders were not able to link their PAN with their Aadhaar due to this anomaly," a senior official had said.

The amendments will now be reflected in Form 49A (PAN application form for Indian citizens) and 49AA (PAN application form for individuals not a citizen of India).

The government has now made quoting of Aadhaar mandatory for filing income tax returns (ITRs) as well as obtaining a new PAN.

Section 139 AA (2) of the Income Tax Act says that every person having PAN as on July 1, 2017, and eligible to obtain Aadhaar, must intimate his Aadhaar number to the tax authorities.

According to the data updated till March 5, over 16.65 crore PANs, out of the total about 33 crore, have been linked with Aadhaar. The deadline to link these two has been extended recently till June 30 by the CBDT.

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News Network
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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News Network
January 30,2020

Mumbai, Jan 30: The Shiv Sena on Thursday endorsed Union home minister Amit Shah's view that alleged inflammatory statements made by Sharjeel Imam, an anti- Citizenship (Amendment) Act (CAA) activist, were dangerous.

No politics should be done on the issue, and such "pest" afflicting the country should be finished off, it said.

Imam was arrested on Tuesday in connection with his speeches at Jamia Millia Islamia University in Delhi and in Aligarh during anti-CAA protests.

He has been booked for sedition, among other offences.

In an editorial published in its mouthpiece `Saamana', the Sena, a former ally of the BJP, said, "We agree with union home minister's comments that Sharjeel Imam's alleged words of separation are more dangerous than that of Kanhaiya Kumar."

Kumar, former student leader from Jawaharlal Nehru University, had been arrested over alleged separatist slogans shouted during a protest on varsity campus.

The Sena, which has formed alliance with the Congress and NCP to come to power in Maharashtra, is often seen walking a tightrope to preserve its credentials as a pro-Hindutva party.

"The union home ministry, while initiating action against Imam, should not indulge in politics and try to finish off this pest that is afflicting our country," the editorial said.

"One must find out why such language of breaking up this country into pieces is being used by the educated youth of this country more and more frequently. Who is spewing such venom into the mind of Sharjeel who did his graduation from IIT-B and now pursuing PhD from JNU?" the Sena asked.

"Even people involved in Elgar Parishad at Pune are facing sedition charges and these people have been known as intellectuals and are well-known personalities," said the party.

"A conspiracy to bring about a conflict between Hindus and Muslims and ensure continuance of anarchy and civil war as in Iraq and Afghanistan exists. The boost for such activities is coming from a 'political laboratory'," the editorial said.

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Agencies
May 25,2020

Lucknow, May 25: Migrant workers who wish to return to their places of work after the lockdown is lifted, may no longer find the going easy now.

Uttar Pradesh Chief Minister Yogi Adityanath has said that his government will lay down stringent conditions for ensuring social security of workers from the state who are hired by other states.

"Other states will also need to seek permission from his government before engaging workers from UP," he said while addressing a webinar on Sunday.

The Chief Minister stated, "If any state wants manpower, the state government will have to guarantee social security and insurance of the workers. Without our permission they will not be able to take our people," he said.

He said all migrant workers who have returned to the state were being registered and their skills were being mapped by the administration. Any state or entity interested in hiring them will need to take care of their social, legal and monetary rights.

Speaking about the challenges his administration had faced during this crisis, the Chief Minister said, "When I talk of Uttar Pradesh, then it is natural to say that it is the state with the highest population. We have faced several challenges during the lockdown. At the beginning, migrant workers and labourers started coming to the state. We deployed 16,000 buses and within 24 hours, they were brought back to their home districts and arrangements were made to screen them."

Yogi Adityanath took a dig at the opposition leaders for the migrant crisis. "During the lockdown, if those who now raise slogans for the poor had honestly cared about workers, then migration could have been stopped. This did not happen. No facilities were given. At several places, electricity connections were cut, so people had to migrate." he said.

Legal experts, meanwhile said that requiring government permission for employing people could face a legal challenge as the Constitution guarantees the freedom of movement and residence and employment of workers.

"Article 19 (1)(D) guarantees freedom to move freely, and 19(1)(e) the freedom to settled in any part of the countryso the need for permission can be legally challenged," said a senior lawyer.

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