Pan no and issue of form no 16

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 July 2014 Dear Experts,

I got my pan card issued in march 2014 but I was employed in a co on a salary of Rs. 30000 from march 2012. Can I get form 16 from my co. for those years??
Please suggest.
Thanks

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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24 July 2014 No you can not get form 16. It is a violation of tax law on the part of your employer to pay you salary without having your PAN. Which means your employer have not deducted any TDS from your Salary. Its violation on your part as well bcoz you have not filed your income tax return.

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2014 Dear Sanjay Gupta,
I have filed my ITR 3 months back for the previous as well as the current year after
getting my Pan Card. Is it correct??

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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25 July 2014 Yes its correct on your part since you have filed your return disclosing your income. But why you need form 16? Was any TDS deducted from you? Employer should have taken your PAN and deducted TDS from you which the have not done. So they cant issue form 16 to you.