TDS

This query is : Resolved

Querist : Anonymous

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?

CA SANKAR 9585590515

CA SANKAR 9585590515 (Expert)
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21 July 2011 Every Employer has to give form 16 on or before 30th April.

Querist : Anonymous

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 ?

Asha Kanta Sharma online

Asha Kanta Sharma online

(Expert)
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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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