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FORM 16 SALARY

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(Querist)
16 June 2009 Is the employer is under obligation of I-T law to issue FORM 16 to each and every employee, though no tax is deducted from most of the employees.

If the employer give FORM 16 to pnly those employees whose TDS is deducted from salary and not to other employees whose tds is not deducted at all, is this correct under the law ?
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chetan soni

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chetan soni (Expert)
16 June 2009 No emploeyer is under legal obligation u/s 192 of income tax act to issue form 16 to all employee whether TDS deducted or not.
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Ratan Sharma

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Ratan Sharma (Expert)
16 June 2009 Agreed with expert.
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CA.BHARAT BHUSHAN

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CA.BHARAT BHUSHAN (Expert)
16 June 2009 Every employer is under obligation to issue Form 16 to employees whose TDS has been deducted from salaries [section 203 read with rule 31(1)(a). However, there is no obligation against those employees whose TDS is not deducted.
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