Advice
Querist :
Anonymous
(Querist) 30 December 2011
This query is : Resolved
I have taken VRS from an insurance co. in Jan.2011. Form 16 for the year 2010-2011 which the company has given to me is wrong & the official of the company is not giving any attention to my requests to rectify the form 16.
Please advice me can it possible for me to submit the return by rectifying the form 16 at my end.
soumitra basu
(Expert) 30 December 2011
You are advise to correct the Form No. 16 and file your income tax return.
R.Ramachandran
(Expert) 30 December 2011
Dear Mr. Basu,
I am afraid, one can correct Form 16. By doing so, perhaps that person will be further getting into trouble!
The querist has to come out in what way the Form-16 given by his employer is wrong. He must also write a detailed letter by Registered Post to his employer and keep reminding one or two times with a copy of the same to to the ITO concerned. He cannot correct the Form-16 himself.
Deepak Nair
(Expert) 30 December 2011
As suuggested by Mr.Ramachandran, send a letter to your employer. If your employer fails to provide the correct form-16 even on the receipt of the letter, then it is advissable to send a legal notice through an advocate.
pkpworld..
(Expert) 30 December 2011
*Form No. 16 is a certificate of tax deduction at source(TDS). If your employer had deducted any tax during the financial year under consideration then he/she is liable to issue you a certificate of TDS in the month of May following the FY. You said that your employer has issued you a defective Form no.16. In this matter you are required to made a request in writing to your employer for correction. If he will not issue you a correct certificate do not bother about that. In this regard you have to do two things.
* Filing of return: If your income is below 1.5 lakh, then you are not liable to file any income tax return. If your income is more than 1.5 lakh, then make a statement of income for the year under consideration and file your return accordingly. As per the new provision no annexture like form no.16, copy of challan etc are NOT required for filing of return.
*To make a grievance: If your employer not issue correct form 16 in spite repeated request, then you can write a letter mentioning your problem to ITO(TDS) of your jurisdiction(Jurisdiction can be available in the income tax website). You have to retain the acknowledgment copy for your reference which will be valuable. If your problem would not be still solved then endorse the copy of letter to higher authority of ITO(TDS) i.e. The Commissioner of Income Tax(TDS).
Advocate. Arunagiri
(Expert) 30 December 2011
If the employer is issuing wrong Certificate, that will be problem for him only, not for you.
What ever amount he had deducted he has to give the certificate to that effect, giving a wrong certificate is illegal.
Send him a notice, problem will get solved.
You can not rectify the certificate on your own, make the employer to rectify it.
