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India clarifies NRIs not entitled to have Aadhaar


The issue of Aadhaar Card has been raised by non-resident Indians staying in Oman. In a recent order, the Government of India has decided that the NRIs will not be required to quote Aadhaar Card Number in their income-tax returns filed in India due to income from Indian sources, the Indian Embassy said in a statement.

The Government has clarified that though as per Section 139AA of the Income-tax Act, 1961 as introduced by the Finance Act, 2017, it is mandatory to quote 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 July 1, 2017, such mandatory quoting of Aadhaar or Enrolment ID shall apply only to a person who is eligible to obtain Aadhaar number.

Since, as per the Aadhaar Act, 2016, only a resident Indian 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), 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 in India as per the Aadhaar Act, 2016.

It is obvious that the requirement to provide Aadhaar Card Number in respect of other matters will also not be applicable in respect of non-resident Indians since they are not entitled to an Aadhaar Card.

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