Tax Deduction Account Number (TAN)

This query is : Resolved

GIRISH SHARMA (Querist)
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18 April 2009 Dear Sir,

One client (proprietorship concern) wants to issue Form 16 to its employees who wish to file their I-T Returns. However, the salary income of those employees are below the taxable limit & hence no TDS was effected during the P-Y 08-09.

Can the employer issue Form 16 if he DOESNOT possess TAN ?

Note: No TDS Liability under any other section also.

Kindly reply asap.

Regards
G. Sharma

VINEESH KHANNA

VINEESH KHANNA (Expert)
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18 April 2009
Yes, employer can issue either Form 16 or simply a letter in their letter head titled "To whomsoever it may concern" and issue it to employee.

GIRISH SHARMA

GIRISH SHARMA (Querist)
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18 April 2009 Dear Vineesh ... Thanks for the reply.

Is there any circular/Notification etc. on this issue ?

If the employer has take TAN then should be surrender the same (as there is no other payments on which he is required to deduct tax) ?

If the same is NOT SURRENDERED then would he be reqd. to file NIL TDS returns ?

Deepak Goel

Deepak Goel (Expert)
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19 April 2009 I am agree with Mr. Khanna.

If a firm or individual take TAN then he cannot surrender the same untill the business is closed.

There is no need to submit NIL TDS return.

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