Income tax return without form 16

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 July 2013 hi,
during AY 13-14 i worked with 2 companies.
The company with whome i worked for 3 month gave me form 16.
2nd comany deducted my income tax as per salary slip but didnt showing it in form 26 AS.they deposited tax for only one qtr as per form 26AS.
Now 2nd employer not giving us form 16. we all comes under 30% slab n having short term capital gain.
Now plz guide us
1)how can we file income tax return.
2) can we file ITR as per our salary slip
3) whts if we file itr as per salary slip n employer didnt deposited deducted amount with IT dept.

Ganeshbabu K

Ganeshbabu K (Expert)
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31 July 2013 1)ITR2 will be the applicable form

2)you need to file return as per form 16 of your employer abscence of which you can file return using payslips and form 26AS

3)you will get demand notice from income tax department if you are claiming TDS and the same was not showing in form 26AS

Thanks & regards
Ganesh babu k

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CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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31 July 2013 3) Employer will be caught in serious default and may be made liable to pay the TDS amount with interest+ Penalty+ Penal Action.
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2)- You can file ITR on the basis of Salary Slip nad can revise it later if you file it upto 05-08-2013.
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You may request the employer to deposit the tax and file the return. Pay Tax on STCG to avoid interest Liability.
.
In case tax is paid or refundable then you can file belated return also. So no need to be get much worried.

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