Form 16- Penalty for not issuing in time

Dear Experts,

Can anyone please let me know when the applicability to the provision of sec. 272A(2)(g)of the income tax act is attracted.

I am seeing some of the employer downloads form 16 and keep it pending for digital signature and issue form 16 at the end of 30th June. Is the above provision applicable for this. Please explain me.

Thanks
Replies (3)
Quick Summary
This discussion clarifies the penalties under Section 272A(2)(g) of the Income Tax Act for employers failing to issue Form 16 to employees by the deadline, typically the third week of June. While penalties of £100 per day exist, they haven't been consistently enforced, leading some employers to delay issuance. Downloading Form 16 promptly from TRACES, even without immediate digital signature, is crucial to avoid potential penal action.

Income tax dept can't find whether it is issued to all employees.. Downloading form 16 on time can save them from penal action.

You may ask without digital signature if required sinces the form 16's are from traces and digital signature just give authenticity and there won't be any change before and after affixing digital signature
Penalty is 100 per day , but not charged till date. So employer becomes lazy in providing Form 16.

You can ask it from your employer
No late fees or penalty since they have already downloaded it.

They have to issue by 3rd week of June

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