TDS

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Querist : Anonymous

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Querist : Anonymous (Querist)
21 July 2011 I am working in a software company.My salary is not fixed it is hourly basis. The company if is not providing Form 16 till date, so i want to know what is the last date to get form 16 and what are its benefits?

21 July 2011 Every Employer has to give form 16 on or before 30th April.

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Querist : Anonymous

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Querist : Anonymous (Querist)
21 July 2011 If the employer has not submitted TDS till date for FY 2010-11 and is not providing form 16 than how can i file my ITR and what is the last date for filing ITR?
How can i claim my TDS amount if form 16 is given to me later ?

27 July 2025 Here’s what you need to know about Form 16, TDS, and filing your ITR in your situation:

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### 1. **Last date to get Form 16:**

* Employers are **required to issue Form 16 by 30th April** following the end of the financial year.
* For FY 2010-11, Form 16 should be issued by **30 April 2011**.

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### 2. **If Employer has NOT deposited TDS or not provided Form 16:**

* Form 16 is basically a certificate of TDS deducted and deposited by your employer.
* If your employer has **not deducted or deposited TDS**, they are technically in violation of TDS rules.
* **You can still file your Income Tax Return (ITR) without Form 16** by:

* Collecting your salary slips and bank statements to know the actual income and tax deducted (if any).
* Checking Form 26AS (available on the Income Tax Department website) to verify if TDS was deposited by employer.

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### 3. **Last date for filing ITR:**

* The usual last date for filing ITR for individuals (non-audit cases) is **31st July** following the end of the financial year.
* For FY 2010-11, the last date to file ITR was **31 July 2011**.
* However, you can still file a **belated return** with a penalty until 31st March of the assessment year, but penalties and interest may apply.

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### 4. **Claiming TDS if Form 16 is provided late:**

* You can **claim TDS credit in your ITR even if Form 16 is received late**, provided the employer has deposited TDS with the government.
* If TDS is not reflected in your Form 26AS or no TDS was deposited, you cannot claim credit.
* Always verify your Form 26AS before filing.

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### 5. **What if your employer never issues Form 16?**

* You may request it formally.
* If still not received, you can file your return based on your own records and Form 26AS.
* You may also communicate with the Income Tax Department or use their grievance redressal portal to raise the issue.

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**Summary:**

| Situation | Action Required |
| ------------------------------ | ---------------------------------------------------- |
| Employer hasn’t issued Form 16 | Request formally, check Form 26AS for TDS credit |
| Employer hasn’t deposited TDS | No TDS credit, pay tax yourself when filing ITR |
| Filing ITR without Form 16 | Use salary slips and Form 26AS, file before due date |
| Form 16 received late | Claim TDS credit in ITR, verify with Form 26AS |

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If you want, I can help you draft a request letter to your employer for Form 16 or guide you step-by-step to file your ITR without Form 16. Would you like that?


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