Issue of form 16 to employee when there is no TDS

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Arun kumar (Querist)
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26 February 2011 Please clarify further about issue of form 16...

The employer in question, states that he will not be in a position to issue form16 to his employee since there is no TDS deducted from the employee (employee is falling under below the slab category ).

Can the employee demand for a form 16 even though there is no TDS for the whole year's salary and his salary is below the taxale limit.

CA Madhu Soodan Tapuriah

CA Madhu Soodan Tapuriah (Expert)
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19 March 2011 from your query it is not clear why the employee is insisting for form 16 when there was no deduction of tax at source ?

when you file your income tax return what you require is details regarding name,address & PAN of the employer with salary figure which an employee shall always has with him.even in case of e-filing of ITR,PAN of employer are optional & not compulsory.

but i may say that Form 16 is the only certificate which an employer can issue under income tax act evidencing payment of salary ( even when there is no TDS )

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