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sameer (out source)     24 October 2013

Form 16

Dear Experts

             I have completed the year. Now I have served notice period and join the new company.But company do not want give my form 16. My latest mail to H.R. not answered.what should i do. Please help

thanks

_Sameer



Learning

 5 Replies

STUDENT.... (.......)     25 October 2013

Take the Printout of your salary slips in which they have mentioned that they have deducted the TAX from your salary.

 

Then send them an email, including the HR, Hr Head, Finance Dept, Finance Dept Head, Your CEO, MD and Chairman and do mail it to your self as well at the same point of time from your official Email ID.

 

Then send a speed post to your Finance Head seeking for your form 16 and take the receipt of your speed post and the acknowledgement of delivery from postal dept.

 

Then report the matter to IT Commissioner for the same.

 

Also you can send them a legal notice for the same from your lawyer.

Kumar Doab (FIN)     25 October 2013

The Form16 is signed usually by Finance Manager. Look into the Form 16 issued to any other employee and check the name of Finance Manager.

Put one and everyone in address bar than putting one in address bar and other in CC and demand original Form16 by redg. post/speed only and state it clearly that it should not be sent by ordinary post or courier as it is mandatory to supply this imp document by company (deductor) to employee and it is mandatory for employee to file ITR and that you are willing to supply the postage prepaid, self addressed  envelope for sending the redg/speed post to you if company demands, in writing, the postage prepaid, self addressed  envelope from you.

You can lodge complaint with ITO-TDS in ward where you file your ITR and jurisdictional CIT-TDS where company files its return and follow up thru RTI.

Alternatively you can also call HR/Finance Manager and request them to send it by redg. post. However it shall be better to submit minutes of discussion/record the call.

 

 

sameer (out source)     26 October 2013

Hi,

  I have to file complaint in I.T. dept. They are not giving Form 16. Which Section i have to file complaint.

Sudhir Kumar, Advocate (Advocate)     26 October 2013

just report the mater to IT deptt they know ehich section to invoke.

STUDENT.... (.......)     26 October 2013

Write a letter to your company as follow:

 

"Despite many mails and reminders, It is really unfortunate that I didn't hear from you or anyone responsible for issuing the Tax deduction certificate. This is the final notice to send the Form 16 or refund the Tax deducted along with Penal Interest as chargeable by the Income Tax department within next 7 days.

I'm filing an official complaint with the Asstt. Commissioner of Income Tax (TDS), as per the instructions received from Income Tax department regarding failure to comply with Statutory requirement of filing the return of TDS and furnishing the Form 16 for the same.

Further XXXXXX and its officers shall be solely responsible for any expenses, penalties that I may have to incur due to XXXXXXXXXX' failure to comply with the Statutory requirement of issuing a Tax deduction certificate in time."

 

After that follow this:

 

The company is bound to issue you form 16 for tax deducted at source. Persue the same and if not received you have the option to lodge a complaint to the Income tax officer, TDS Section in your ward as a redressal of your grevience and keep a copy duly acknowledged by the dept for records.
meanwhile you can file your annual returns computing the amount of TDS deducted so as to avoid penalty for late filing.


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