P.tax
SANJIB BARMAN (WDTM-Micro Enterprises(Accountant)) (48 Points)
05 May 2015SANJIB BARMAN (WDTM-Micro Enterprises(Accountant)) (48 Points)
05 May 2015
CMA Poornima Madhava
(CMA)
(13112 Points)
Replied 05 May 2015
Your question is quite confusing. I'll try to answer for whatever i've understood.
1) If form 16 is not received but tax credit is appearing in form 26AS, u can file ITR without form 16 (as u do not submit form 16 while filing ITR)
2) Assuming that P Tax is TDS on salary, if TDS return is not filed by the employer, then definitely tax credit will not appear in form 26AS
3) If so, it means that no tax has been paid and you will be liable to pay tax when u try to file ITR
What remedy u have got is to complain Assessing Officer that the employer is not issuing form 16.
Hope I have answered to the point
SANJIB BARMAN
(WDTM-Micro Enterprises(Accountant))
(48 Points)
Replied 06 May 2015
CMA Poornima Madhava
(CMA)
(13112 Points)
Replied 06 May 2015
No, i never said return cannot be submitted if form 16 is not issued, i said u can file return but u have to pay tax liability, which noboby would do. Hence i said intimate AO about this.
Employer cannot issue form 16 manually, as part of it has to be downloaded from traces website, moreover, if manual form 16 is given, tax credit would not appear in 26AS if tds return is not filed.
SANJIB BARMAN
(WDTM-Micro Enterprises(Accountant))
(48 Points)
Replied 07 May 2015
Ok mam. If the employer gives me form 16 manually and do not file P.Tax return then I should not file my personal Income Tax return and should inforn to AO.
CMA Poornima Madhava
(CMA)
(13112 Points)
Replied 08 May 2015
First of all you are clubbing ITR and TDS return, both r different. If employer has not filed TDS return, then he cannot issue form 16 and hence you dont get tax credit.
Secondly, as I already have answered, you can still file ITR but you will have to pay tax on the entire income as self assessment tax (without considering the deduction of tax made by your employer). As this is not generally done, I told u to intimate AO about the non-compliance of your employer. AO will be able to let u know further course of action I think.
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