Employer declining form 16

Company has to deduct tax at source be it consultant / retainer / employee.

Employee must request the good offices of the company i.e. appointing authority, MD/Prop/Director, Head-HR, in writing by letter under acknowledgment, to supply form 16 say within next 7 days by redg. Post.

You may mention that a self addressed postage redg. post envelope ( as purchased from Post office) is enclosed herewith. You may also mention that if the form 16 is not supplied you shall be constrained to approach O/o Labor Commissioner and I. tax authorities.

It seems the location redg office/Ho of this company and your's is same city. You can lodge a complaint in writing by letter under acknowledgment, with CIT-TDS who can impose a penalty @ Rs.1000/day for the period of delay.

In all probabilities you shall get a written reply/form 16 from company.

Dear Kumar Sir,

Thanks for your reply.

Since the company was started by my relative who has experience in HR for nearly 20 yrs, i thought they would be professional.But i feel constrained to talk tough / force them to provide form 16.Is there any other way of getting form 16 to enable me file my returns for this year.? My employer says he know a income tax consultant with the help of whom, he will arrange to file my returns.

I feel i was betrayed as getting employed at that time was more important to support my family rather than checking whether all these documents would be provided.

Regards

S.Ram

Form 16 is not mandatory to file return. You can go to any I. Tax lawyer/CA to file your return.

In the absence of any appointment letter/contract issued to you the burden of declaring your income as salary or fee etc shall fall on you, and you shall have no document to show your experience in your VITAE. if you show yourself as entrepreneur/consultant then you have to justify why you are seeking a job no.............and so on? 

The best for you is to collect appointment letter/relieving letter/form 16 etc.

Some of the companies insist upon form 16 e.g. banks/NBFC to entertain loan application.

Kindly proceed as deemed fit.

Dear Sir,

My employer says the TDS has not been deducted from august 2011 till date.He has also not issued the offer letter / payslips for all these months.

I have a health insurance for 9000 rs and home loan documents to get tax exemption. since i come under 10 percent tax bracket.

If my employer provides payslips and offer letter, can i get my it returns done with it.

Regards

S.Ram Prakash

yes.You can.