TDS u/s 192 and Form 16

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Manmohan ACA, CS (Querist)
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20 January 2011 My friend was working in previous Company From July 2010 to 19 Oct 2010 where his Gross Salary was 18,000/- p.m.(Net Pay 16,500) wihtout any TDS deduction. he got Salary for First TWO in cash & last salary by A/C Payee cheque. then he left that company on 20 Oct 2010 but did not recd.Salary for the month of Oct 2010 since he left the co. without completing notice period. and joined new Co. next day i.e. 20 oct 2010 with Gross pay of 22,500/- (Net pay 20850)p.m. here also no TDS deduction was made till Dec'2010. But now New Co.is asking Form 16 from old co. for arriving TDS amt but my old co. is not co-operatin wiht me and declined to issue any documents or form 16.

so far I think there is no need to submit form no. 16 from previous employer as no TDS is deducted by him (i.e. the previous employer)

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 January 2011 The employee may be directed to furnish form 12B to the new employer. No need to ask/furnish form 16 of the then employer by the present employer.

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CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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20 January 2011 Yes.. I agree as such form 16 from previous employer is not required. But, instead, any salary certificate with details like gross salary, tax paid etc should be obtained from the previous employer.

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