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Munish (Project Manager)     17 December 2010

Employer Not providing Form 16

HI All,

i worket in my previous company for 2 years eight month. for first year they gave me Form 16. For next whole year i.e 2008-2009, they deduct my income tax. from April 2009 to Sep 2009 i also worked in same company.

Due to some issues we left the company.

My Employer is not providing me Form 16 of these  two years. i am now following with them on mail from last one month. they are replying like - Account person is not here. contact us after some days etc etc.

I am stuck in major issues.

Please suggest me the solution.

Regards,

Munish Bhatia



Learning

 6 Replies

A V Vishal (Advocate)     17 December 2010

There is clear provision under section 203 of the I T Act which compels the deductor to give a TDS certificate to the person whose case tax has been deducted.Section 203 of the I T Act …..

  • 203. (1)Every person deducting tax in accordance with the foregoing provisions of this Chapter shall, within such period as may be prescribed from the time of credit or payment of the sum, or, as the case may be, from the time of issue of a cheque or warrant for payment of any dividend to a shareholder, furnish to the person to whose account such credit is given or to whom such payment is made or the cheque or warrant is issued, a certificate to the effect that tax has been deducted, and specifying the amount so deducted, the rate at which the tax has been deducted and such other particulars as may be prescribed.

 

 

CBDT issued Circular : No. 785, dated 24-11-1999. which stated that issue of certificate for tax deduction at source under section 203 is mandatory in all cases where tax is deducted at source, including cases where payments are made ‘net of tax’ in terms of section 195A.

The TDS certificate has to be issued within the same month in which the tax was deducted or if deducted on last day of the financial year , then one week from the date of deduction.

Section 272A(2g) provides for penalty of Rs 100 per day of delay.The power to impose penalty is with Joint commissioner of Income Tax. Accordingly, you should take following steps

  1. write a letter to the deductor ,stating clearly the number of days of delay
  2. If still the TDS certificate is not issued, write to CIT (TDS) stating the facts of the case and praying for issue of direction to the TDS deductor for issuance of certificate.
  3. Give a copy of the letter to the A.O and Jt.CIT who is assessing your case.
  4. Claim TDS in your return and attach the copies of letter written to the deductor and CIT.
1 Like

m c bothra (retired bank officer)     19 December 2010

I had to face such problem 2-3 years back. I personally contacted IT authorities and even sent letters/appliactions but nothing yielded any results. 

Lastly I got registered at IT dept's site under "view your credit" and viewed the details of my tax credits/deductions and took its print to my CA who filed the returns giving these details in the returns.

Munish (Project Manager)     20 December 2010

Hi All,

Thanks for reply. i was very happy after first reply but sad to know that IT may not take action agaist it.

Please guide me what should be my final action. i am not sure in how much time this issue will be resolved.

Also i am looking for Home Loan. can any body guide me that if i do not have form 16 for my home loan is there is any other way out.

Please Guide.

 

A V Vishal (Advocate)     21 December 2010

Mr Munish

There is no need to be disheartened, Mr Bothra's case may be one in thousand, you kindly pursue the matter and give a try first, follow up regularly with the department till you get your F-16, in case you are not satisfied with the department's action you have the option to file under RTI and know the status of your grievance and take appropriate action.

Munish (Project Manager)     21 December 2010

Dear Sir,

Thanks a lot. i decided to pursue for the same. if i will lost some where i will be right back here for suggestion.

i am scared of one thing at last that after this My Previous employer can say bad words to my future empoloyer in any back ground Verifications.

 

Regards,

Munish

Gayatri (Sales Coordinator)     05 November 2011

Dear Sir,

My previous employer not providing Form 16 reason being I was a temporary employee. I was there for almost a year but my probation period was extended. Pl. suggest next action to be taken.


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