Issue of form 16aa
This query is : Resolved
14 March 2012
Dear All,
In FY.2011-12, if an employee's salary is less than Rs.1.50Lakh, which form should we issue Form 16 or 16AA.
If your answer is Form 16 then could you provide any notification or circular abolishment of FORM 16AA.
Rgds.
Avinash.
In FY.2011-12, if an employee's salary is less than Rs.1.50Lakh, which form should we issue Form 16 or 16AA.
If your answer is Form 16 then could you provide any notification or circular abolishment of FORM 16AA.
Rgds.
Avinash.
14 March 2012
Proviso to rule 31(1)(a) says about form 16AA. The rule has been substituted by the IT(Sixth Amdt)rules,2010 meaning thereby the proviso containing issuing of form 16AA has been taken away from 1/4/2010.
14 March 2012
Issue of TDS certificates is governed by Section 203 read with Rule 31.
Rule 31 provides as under:
The certificate of deduction of tax at source by any person in accordance with Chapter XVII-B or the certificate of payment of tax by the employer on behalf of the employee under sub-section (1A) of section 192 shall be in—
a) Form No. 16, if the deduction or payment of tax is under section 192; and
b) Form No. 16A if the deduction is under any other provision of Chapter XVII-B.
So, only Form 16 (for salaries) & Form 16A (for others) is specified. There is NO Form 16AA.
Further, Form 16 is to be issued only when TDS has been deducted.
However, an employer can issue a certificate even when TDS has not been deducted. But it will also be in Form 16.
Rule 31 provides as under:
The certificate of deduction of tax at source by any person in accordance with Chapter XVII-B or the certificate of payment of tax by the employer on behalf of the employee under sub-section (1A) of section 192 shall be in—
a) Form No. 16, if the deduction or payment of tax is under section 192; and
b) Form No. 16A if the deduction is under any other provision of Chapter XVII-B.
So, only Form 16 (for salaries) & Form 16A (for others) is specified. There is NO Form 16AA.
Further, Form 16 is to be issued only when TDS has been deducted.
However, an employer can issue a certificate even when TDS has not been deducted. But it will also be in Form 16.
14 March 2012
Dear Team,
Thanks for reply. I still need some clarity.
I aggree that Form No. 16AA was omitted by the IT (Eight Amdmt.) Rules, 2009, w.e.f. 01-04-2009, but the said rule was not enforced. Again issue of Form 16AA was inserted by the IT (First Amdt.) Rules, 2010 w.r.e.f 01-04-2009.
Pls. share your views.
Regards,
Thanks for reply. I still need some clarity.
I aggree that Form No. 16AA was omitted by the IT (Eight Amdmt.) Rules, 2009, w.e.f. 01-04-2009, but the said rule was not enforced. Again issue of Form 16AA was inserted by the IT (First Amdt.) Rules, 2010 w.r.e.f 01-04-2009.
Pls. share your views.
Regards,
15 March 2012
Go to the website of the Income Tax Department and download the rule. There is no reference to Form 16AA.
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