Regarding issue of Form 16

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This query is : Resolved

Kamal Jha (Querist)

19 June 2008 Is this permanent obligation for the employer to issue Form 16 or 16AA even if the Taxable income is below the taxable limit and tax has not been deducted. And if it is not obligatory then what should an employer do when such an empoloyee is asking for his/her Form 16/16AA.

Kindly intimate me.

CA Vivek Jain

CA Vivek Jain (Expert)

19 June 2008 If TDS deducted its mandatory to issue Form16 and 16AA

Empoloyee is asking for his/her Form 16/16AA.no TDS-discretion of Emplyer

Kamal Jha

Kamal Jha (Querist)

20 June 2008 Dear Mr Vivek

Thnaks for responding. But I am asking about the situation when TDS has not been deducted and taxable income is below taxable limit.

thanks

CA Abhishek Tyagi

CA Abhishek Tyagi (Expert)

22 June 2008 If the income is below the taxable limit then obviously the tax liability will be nill. In that case it is not obligatory for the employeer to issue the TDS certificate. But the employee can ask for the salary certificate in which all the salary details will appear. On the same footing employer can issue the nil TDS certificate at its discreetion.

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