Non issuance of Form - 16 by the employer
This query is : Resolved
Yogesh Modi
(Querist)
05 May 2009
My query is that if a company does not issue Form-16 in case of any employee due to any argument with the employer then
1. what remedy doe the employee has against the employer?
2. How will that employee file the Income tax return?
3. Who will be liable to pay the Penalty & interest if any for non filing/late filing of IT return under these circumstances?
Thanks in advance
Yogesh modi
1. what remedy doe the employee has against the employer?
2. How will that employee file the Income tax return?
3. Who will be liable to pay the Penalty & interest if any for non filing/late filing of IT return under these circumstances?
Thanks in advance
Yogesh modi
chetan soni
(Expert)
05 May 2009
In such case, you should so following things,
01. Send a notice to employer,under registered post. So that you can get the ackn. for that. Ask him the reason for non-issuance of form 16.
Still if he doesn't issue form 16, then
02. Take the information of salary credit from NSDL by registering for online view of tax credit i.e. form 26AS. In which you will find the total amount of salary declared by the employer & tax deducted against that. Take that information as base for Income tax return & file the same.
Thats it, you can't go beyond this.
01. Send a notice to employer,under registered post. So that you can get the ackn. for that. Ask him the reason for non-issuance of form 16.
Still if he doesn't issue form 16, then
02. Take the information of salary credit from NSDL by registering for online view of tax credit i.e. form 26AS. In which you will find the total amount of salary declared by the employer & tax deducted against that. Take that information as base for Income tax return & file the same.
Thats it, you can't go beyond this.
chetan soni
(Expert)
05 May 2009
In such case, you should so following things,
01. Send a notice to employer,under registered post. So that you can get the ackn. for that. Ask him the reason for non-issuance of form 16.
Still if he doesn't issue form 16, then
Send request for the same under CC to TDS, Devision of Income tax department.
02. Take the information of salary credit from NSDL by registering for online view of tax credit i.e. form 26AS. In which you will find the details of total amount of salary declared by the employer & tax deducted against that. Take that information as base for Income tax return & file the same.
That's it, you can't go beyond this.
01. Send a notice to employer,under registered post. So that you can get the ackn. for that. Ask him the reason for non-issuance of form 16.
Still if he doesn't issue form 16, then
Send request for the same under CC to TDS, Devision of Income tax department.
02. Take the information of salary credit from NSDL by registering for online view of tax credit i.e. form 26AS. In which you will find the details of total amount of salary declared by the employer & tax deducted against that. Take that information as base for Income tax return & file the same.
That's it, you can't go beyond this.
Yogesh Modi
(Querist)
06 May 2009
Thanks a lot
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