How to file when employed but no form 16 from employer

ITR 122 views 3 replies

J S BHAVSAR

CONSULTING

1320 Points Joined April 2008

There are many small boutique companies in Tier 2 cities in India which 'keep contractors'(not employ) some 19-25 count and pay them monthly Rs 20,000 to Rs 25,000 per month. Salary gets credited to bank account, but no Form 16 is issued to the employee. No TDS is deducted. No signed or stamped income certificate is issued.

PAN and TAN of the employer is not known.

Total income Rs 2,40,000 per year. (Can this be shown as salary income?)

How to file ITR for such cases? Which ITR? which section to show Rs 2,40,000 income?

Can Sec 80C be claimed for such income?

Replies (3)

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

198459 Points Joined July 2016

1. Yes it can be declared as 'Salary' in ITR1

2. Yes, 80C deduction can also be claimed (though the income is BEL)

J S BHAVSAR

CONSULTING

1320 Points Joined April 2008

But will the CPC Bengaluru not object if there was no Form 16, no TAN and no employer PAN if ITR2 is filed by such employee?

Some employees invest in stocks online and generate STCG. Thus they have to go for ITR2. In ITR2, employer name is mandatory with TAN / PAN as the case maybe. There is no Form 16 document, no 26AS showing TDS.

What are implications of forcefully declaring himself employed even when there is no documentary evidence of earnings from employer?