Form 16 or 16a needed for getting refund of tds deducted?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2017 SIR,

An individual's total income is below the exemption limit. Hence, he has not to pay any tax.

But his employer has deducted TDS from his income. So, he has to claim refund of the TDS deducted.

But, his employer has not issued him Form 16 in time.
As per Form 26AS, the tax has been paid to Govt. by his employer. Status is - ''F'' .

Que. 1:
If, he files his return on the basis of Form 26 AS, without giving Certificate No. of Form 16 ,
will he get his refund of TDS deducted ?

Que 2:
- Is Form 16 or 16A - compulsory for getting refund ?
- While filing return,
giving the certificate no. of Form 16 or 16A - is compulsory for getting refund ??

Que.3:
- What, if anybody does not get Form 16/16A till the last date ?
- Can't anyone get his refund of TDS, without form 16/16A ?

Please, share your opinions and guidance.
Thanks.

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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28 June 2017 In case of salary form 16 is required to be issued by the employer under Income Tax rules. Form 16 is an important document as it contains details of salary and deductions such as 80C, 80D etc.But in the absence of form 16, you may file return on the basis of salary shown in 26AS and claiming TDS.

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Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2017 Sir, thanks for your response.

But, please clarify,
Will this individual get his refund or not ? - in absense of Form 16/16A ?,

In case, the box for Certificate No. of Form 16/16A , is kept BLANK,
Will he have any problem in getting his TDS back as refund ?

Or it will be easily - surely refunded ?

Please make it clear.

Thanks.