Form 16 salary tds certificate By two employers -New TDS rul

One of our employees has resign last week(Jan  25, 2011). He wants a certificate in Form No. 16 in respect of salary drawn during the financial year 2010-11 (i.e., from April 1, 2010 to Jan  25, 2011). This certificate he wants to submit to the new employer. My queries are –

 

  1. What is the legal position pertaining to date of issue of Form No. 16 in such cases? Can the outgoing employee legally compel us to issue Form No. 16 at the time of resignation on Jan 25, 2011?
  2. Can we issue Form No. 16 in the old format?
  3. If old format is not permitted can we give information only in Part A and Annexure B? Can we ask outgoing employee to get the infromation fill up from the new employer in Part B?
  4. if we give infromation only in Part A then from where and how the new employee'r wil get the Salary details paid by our company?
  5. can we give details of gross salary, allowances, deduction, etc., separately on a plain paper to the employees so that it can be given to the new employer for the purpose of calculating tax liability under section 192 and preparation of Form No. 16 (Part B).??
Replies (3)

 

Legally he can not compel to issue form 16 at the time of resignation.

Yes you can issue in the old format but you should issue form 16 in new format.

your employee can give form 12B to another organization. Its sufficient.

Originally posted by : Devraj
One of our employees has resign last week(Jan  25, 2011). He wants a certificate in Form No. 16 in respect of salary drawn during the financial year 2010-11 (i.e., from April 1, 2010 to Jan  25, 2011). This certificate he wants to submit to the new employer. My queries are –
 

What is the legal position pertaining to date of issue of Form No. 16 in such cases? Can the outgoing employee legally compel us to issue Form No. 16 at the time of resignation on Jan 25, 2011?
Can we issue Form No. 16 in the old format?
If old format is not permitted can we give information only in Part A and Annexure B? Can we ask outgoing employee to get the infromation fill up from the new employer in Part B?
if we give infromation only in Part A then from where and how the new employee'r wil get the Salary details paid by our company?
can we give details of gross salary, allowances, deduction, etc., separately on a plain paper to the employees so that it can be given to the new employer for the purpose of calculating tax liability under section 192 and preparation of Form No. 16 (Part B).??

can any one reply my above qurey pls.

employee can't legally compel 2 u.As salary certificate due date 2 issue ison or before 31st MAY for the previous financial year.

however a detail of SALARY can be issued to da new employer to let him know da details of salary.

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