Can i get form 16 from auditor instead from my company
Srinivasan
(Querist) 26 April 2012
This query is : Resolved
Dear experts,
My company is not issue form 16 for employees since they are not at all worrying about paying taxes.
Now i attended an interview where they asked for Form 16.
Can i approach an auditor to get Form 16? what are the documents to be submitted to apply for Form 16?
Please advise?
ajay sethi
(Expert) 26 April 2012
form 16 is Certificate under section 203 of the Income-tax Act, 1961 for tax deducted at source
from income chargeable under the head “Salaries”
it has to be signed by person responsible for deducting tAX and he has to clearly give an certificate that payment has been deducted and paid to govt . this can only be done by employer and not uditor
Guest
(Expert) 27 April 2012
Not the auditor, but the Drawing & Disbursing Officer (DDO) on behalf of your employer is authorised to issue Form 16.
C. P. CHUGH
(Expert) 27 April 2012
While Xperts have clarified the law, let us look into the practical aspect. Now a days all tax deductions are available for viewing andverification at NSDL via Form 26AS. Now in case the tax deduction is available in Form 26AS, Form 16 looses its relevancy and in such case it hardly matters who have issued the Form unless the contents of such certificate are verifiable and in conformity with the contents available at NSDL.
Otherwise it must be issued and verified in the manner as prescribed under the law by Person Responsible for deducting and depositing the tax.
Srinivasan
(Querist) 27 April 2012
Dears,
But in our company they are not paying any tax properly. (Even they did not pay PF / ESI / Prof Tax. The beauty is no concerned officers are not yet come for inspection and monthly they are paying some lump sum amount to departments instead of paying exact amount and producing documents accordingly with the help of officers).
Now i am ready to pay the tax whatever it may be. But i need to get Form 16. My employer is not helping me in this regard. Pl help.
Shonee Kapoor
(Expert) 27 April 2012
Issue legal notice.
Then complain to PF officials about the same and start a civil suit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
C. P. CHUGH
(Expert) 27 April 2012
Do you have your monthly salary slips evidencing the deduction of tax at source, if so, you may approach jurisdiction CIT (TDS) and lodge a complaint against your employer. You can similiarly approach concered office of Employees Provident Fund and Employees State Insurance Corporation if you have documentary evidence to prove that deduction on account of ESI and PF has been made from you salaries and they are not deposited with relevant authorities.
Rest assure, what ever monthly he has been spending to buy silence of filed officers, once the matter is brought to the knowledge of higher authorities, he will repent spending such huge amounts on lower staff.
VARUN MAHAJAN
(Expert) 28 April 2012
with due respect to mr chugh sayings i would like to add fom 16 is your right and it can be enforced by authorities
