Whether Form 16 can be issued without deducting TDS

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Sherin (Querist)
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13 August 2008 SIR,

Will you plse confirm the following doubts

1. Whether the employer can be issue FORM 16 with out deducting TDS.

2. If it can be issued the last date will be ?

3. Whether this form 16 can be presented for bank for taking loan without filing total income statement.

Regards
Sherin

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)
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13 August 2008 The form itself is for certificate for deduction of tax. Where is the question of issue when no TDS was deducted?

CA Abhishek Tyagi

CA Abhishek Tyagi (Expert)
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13 August 2008 yes it is right. IF the tax is not deducted then in this case form 16 or 16A is not required to be issued. However the last date is 30th April of the following year.

Advocate Vivek Kumar Sancheti

Advocate Vivek Kumar Sancheti (Expert)
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18 August 2008 Form 16 is a statement given by employer to employee which states all types of monetary and non monetary benefits given by the employer to the employee which also includes any amount of tax deducted by the employer in the form of TDS.So,if no tax has been deducted then also form 16 can be issued.Yes,it can be presented in bank for loan purposes.