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suresh menon (public sector)     26 June 2014

Form16

Hi,

What can be done about an Ex Employer who is unnecessarily delaying giving Form 16. I contacted him more than 3 times dropped mail for more than a year. But Every Time He gives a future date.

He has deducted about 5000 as income tax. Based on his behaviour I think he has no intention of giving it. I doubt he has paid the amount as tax as well. Any Email Id's of Tax department to keep in CC's while mailing him will be extremely helpful

Regards,

Suresh



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 June 2014

Form 16 is a certificate or a document that is issued to salaried personnel in India by their employers. Certificate reflects necessary details that assist in the process of filing Tax Returns with the Income Tax Department of India. 

Form 16 is a document that is used by salaried personnel as part of the process of filing Income Tax Returns. As per Income Tax Act of 1961 and Income Tax Rules of 1962 are the governing laws of the Income Tax Department. Form 16 is very important document that is in accordance with the rules and regulations laid down by the Income Tax Department as well as the Government of India. 

The Form 16 is provided by an Employer to the Employee and is used by the employee as reference as well as proof while filing IT Returns. Form furnishes various details as Salary Income components of the Employee, Tax Deducted at Source (TDS) by Employer and Tax paid by Employer to Income Tax Department. - See more at: https://www.taxfreemart.in/Upload-Form-16-efiling.php#sthash.lInhUZOy.dpuf

Laxmi Kant Joshi (Advocate )     26 June 2014

Make a written complaint to the income tax commissioner and another to the income tax officer of your ward where you submit your return by stating all facts of the harassment of your ex-employer and not issuing of form 16 timely even after making so many efforts by you , attach photocopies of corrospondings with the employer with this complaint application .

Rangee (Lawyer)     26 June 2014

Hi,

 You please check whether your ex employer has actually deposited TDS money in the Bank in the account of Income Tax deptt. This may be verified if you know the TAN No. of your  ex -employer in the Web site of income Tax Deptt. by verifying the form 24 EQ filed by your ex employer. If he has not deposited the TDS amount you can file criminal complaint and lodge complaint with Income Tax Deptt. you may Tax Information Center near to you for any assistance in verifying this details.

regards

Rsksingh

GANDHI MOHAN BHARATI (Pensioner)     27 June 2014

Hello,

You can checkup your Form 26 AS either from the website of TRACES or efiling or from your internet banking website. If you find your TDS amount in Tax Credit to you, you will not face problems. Otherwise, give a 30 day's notice to the employer citing Sec 206 of IT Act. If you still do not receive Form 16 or find your Tax Credit in Form 26 AS, send a complaint to the concerned IT Commissioner (TDS) (Details can be checked on IT website or checked wit your Assessing Officer), with a copy to your employer. The DEpartment will levy a fine on him of Rs.100 per day of default from the original due date of supply of Form 16. If he had not deposited the TDS he will be liable for prosecution also.

On advice of Chief Commissioner of IT, Tamil Nadu, I had used the method against a Public Sector Bank with excellent result - The MD and Chairman were in contact with me on a daily basis; their main Auditor vistied me, the Branch and believe I got Form 16A within a fortnight and ax credit on the same day.

The Form 16 will have to be one generated by TRACES, bearing a 7 digit unique NO. consisting of alphabets - Manual Form 16 is a Fraud

Gandhi Mohan Bharati

T. Kalaiselvan, Advocate (Advocate)     27 June 2014

If you have proof of TDS which may be found in your salary slip/certificate, you may follow the very good suggestion given by Mr. Gandhi Mohan Bharati above.  This seems to be very effective and practical.

Kumar Doab (FIN)     27 June 2014

The deductor (Employer) is bound to supply the Form16 to you or it can be penalized with a financial penalty of amount of TDS................................and as deemed fit by authority.

Lodge a complaint with ITO-TDS where you file ITR and jurisdictional CIT-TDS where company file its ITR, with a copy to IT Commissioner.

If reqd. follow up thru RTI.

If you were downloading it from branch where you were posted include BM in list of noticees.

Excellent results are assured. 


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