Issue of rectified Form 16 to employee

This query is : Resolved

pkkapoor (Querist)
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25 October 2010 Form 16 as required under the rules was issued to all employee on 30-04-2010 for FY 2009-10. However, in October 2010, one employee has pointed out that PAN has been incorrectly mentioned in the FORM 16.

My query is
(i) Can I issue a fresh Form 16 after necessary correction in PAN by mentioning today's date i.e 25-10-100.
(ii)OR should the employee be asked to return the old FORM 16 issued in April 2010 and a rectified FORM 16 may be issued now.

Thanks in Advance!

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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25 October 2010 Generally , Act is silent for this type of issues. As per the law in case of any change fresh form may be issued. There is no scope of rectification.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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25 October 2010 In this case you need to check the TDS return, in the TDS return you mentioned correct PAN, you may correct the TDS cerrtificate issue on the same date.

In case TDS return also you mentioned wrong you need to correct the return first, based on the correction return date you need to put the actual correction date

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