Digitally signed Form 16A

TDS 4627 views 11 replies

We are receiving Form 16A TDS certificates from parties with digitally signed. Is these certtficates with digital signature on Form16A is valid? Circular 2/2007 covers Form 16 and not form 16A? Please clarify.

Replies (11)

yaeh these are valid

Whats the legal basis of claiming it as valid? Please clarify. Is there any circular etc?

there is no circular till date but we are following the rule of  Ejusdem Generis....which means the facts declared for considering form16 valid even if digitally signed are also applicable on form16A....we have lodged our feedback with the department for the same issue and hoping to see a modified circular or notification for the same.....within few days.....!!!

yes anuraag is right

If form 16 is not signed then is that valid ???

No. it is not valid.

Circular specifically mentioned form 16 only not form 16A so you can not sign form 16A digitally in any condition unless you get the permission from the commissioner of doing so.Ejusdem Generis not applicable.

Is there any further clarification on the same ? . I too have the same query

Originally posted by : Sujit Talukder
We are receiving Form 16A TDS certificates from parties with digitally signed. Is these certtficates with digital signature on Form16A is valid? Circular 2/2007 covers Form 16 and not form 16A? Please clarify.

 I have the same query. I know for a fact that the circular allows Form 16 to be digitally signed. Also it is "possible" to digitally sign Form 16A but i could not find any notification or legal document to backup the same. Any luck?

As per the information available with us, Digital Signatures cannot be applied to Form 16A, since there is no notification / circular on it. The Circular available clearly mentiones Form 16 - for Salaried Employees only.

We are the Registration Authority of TCS-CA in name of ACE Technology, and have been issuing lot of Digital Signatories & software for signing Form 16 across India. One of the company informed us that in 2010, they clarified with the Department, who confirmed that Digital signatures are not presently allowed for signing Form 16A.

This is to inform all that CBDT issued a Circular No. 03 /2011 dated 13th May 2011 which allows Form No. 16A also to be Digitally Signed with Digital Signature Certificates.

The circular has been attached for reference.

For Bulk signing of the Form 16A with Digital signature Certificate, softwares are available in the market, which saves a lot of time and effort in signing the forms. One of the softwares is FileSigner Pi provided by ACE Technology . For details you may contact ACE.


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