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Praveenveldhi (Querist)

25 April 2013 my friend is working in a pharma company. they deducted TDS on his salary . but the records of TDS is not available in income tax india site.
the deductor not issuing form16 for TDS and the deductee shall get refund when he files the return. now my query is without form16 can he file the return and get the refund.

Hemant Kumar

Hemant Kumar (Expert)

25 April 2013 He can not get the refund.

Pankaj Gupta

Pankaj Gupta (Expert)

25 April 2013 Although nowadays, no tax officer asks for form 16, neither in e filing nor in manual filing. But the details of tax deducted shown by assessee should match the details shown on 26as form. As it is not in your case, hence you will not be allowed the refund. Although legally you are eligible to claim the refund. Now what you have to do is--- firstly ask the employer to serve you form 16(which he will not serve because I think that he neither deposited tds nor filed the return). Next, you should claim the refund in your return , irrespective of the fact that he issued form 16 or not. After filling the return, you will receive intimation of department u/s 143(1) within few months. Reply to the intimation with supporting documents like salary slip, form 16(if issued till that time). To conclude, what I wants to say is that you will definitely receive the refund. But in the above mentioned process, it will take a long time and also it involves lots of procures. Hence better try to convince the employer to deposit the tds and file the return.

Hope I made it all clear.. Ask further if required.

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