Form-16

ITR Filing 753 views 1 replies

Hi, I need some guidelines from you all experts regarding Form-16 or income or salary statement.  I am an Engineer.  I resigned from my last company and get relived on 15th May 2010 after perusing a notice period of 2 months. My employer has given me relieving and experience letter both as I followed the notice period. After 1 month of relieving he sent me a full and final settlement in which he did some un-acceptable and un-necessary deductions therefore, I did not accept that full and final settlement yet.  In reply of this full and final settlement I sent a legal notice to my previous employer. He replied the legal notice but the reasons mentioned were not so logical. Later, I did not found enough time to file a case against him as I am out of India now (but I am still thinking to send one more legal notice in next few days and then file a case).  

Although, I am out of India and did not earn any income during last financial year 2010-2011, I would like to file my IT returns (Zero IT return) for the mentioned year.  But at the same time, I asked my previous employer to give me Form-16, but he refused to give me and I think legally I cannot pressurize him for this because he did not cut my Tax at his source (please correct me if I am wrong).

Can anybody suggest me what should I do to get a valid document (form-16 or any other) from my previous employer in which my ‘0’ (zero) income can be reflected. I just want to have a legal proof with me so that I can say to Income tax department (if needed) that I was not having any income during the past year.

BR

Rituraj

Replies (1)

There is a prrof of income but there is no proof of "Zero Income". Why do you need to prove the IT department that you didnt have any income. The department is not asking you anything about this. Suppose the department asks you about your income, then if department believes that you have esacped tax on income by not disclosing it, then the onus lies on the department to prove it. You need not prove that you had "zero Income"


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