Reg. issue of form 16 to employee

TDS / TCS 3831 views 10 replies

Hi,

Can a Employee be issued FORM-16, if no TDS is deducted from his / her salary.

Bank is asking for Form-16, to process a loan application from a person whose TDS is not deducted.

Is there any legal problem if the Form-16 is issued to a person who TDS is not deducted from salary.

Please advise.

 

 

 

Replies (10)

NO problem ,issue form 16

if person not come under taxable income

Yes, dear employer can issue the form16 with nil Tds dedution shown.

Thanks & Regards

karandeep

No Problem at all.

 

What if company say they are not bound to issue Form 16 to person having Nil TDS / No TDS Decuction. 

A friend of mine was refused  by his company for Form 16, as he is having Nil TDS. 

What are rules / guidelines as per Income Tax Laws in India, for issuing FORM-16 to Nil TDS deduction employees.

no problem

 

DEAR The Indian Boy,

 

1. YOU CAN ASK THE LOAN PROCESSING OFFICE TO CONSIDER MONTHLY SALARY SLIPS/ CERTIFICATE/SHEETS AS A PROOF OF SALARY,

STATING THE REASON AS FORM NO 16 CONTAIN HEADING AND MEAN AS FOLLOWS

"Certificate under section 203 of the Income-tax Act, 1961 for Tax deducted at source on Salary"

AS THE BASIC EXEMPTION LIMIT IS NOT CROSSED / TDS IS NOT DEDUCTED BY THE EMPLOYER COMPANY SO, NO FORM NO 16 CAN /(MAY) BE OBTAINED.

 

MORE OVER,

2. U MAY GENTLY ASK/ REQUEST TO THE EMPLOYER COMPANY TO ISSUE FORM NO 16AA(Certificate for tax deducted at source from income chargeable under the head “Salaries” – cumReturn of income),

AND SATISFYING THE FORM NO 16AA ISSUER OFFICER ABOUT THE RULE FOR/ CONDITION ON WHICH ISSUE OF SUCH FORM IS PERMITTED.(WHICH ARE AS FOLLOWS),

FORM NO 16AA CAN BE ISSUED BY EMPLOYER

2a. IF the income from salaries before allowing deductions under section 16 of the Income-tax Act, 1961 does not exceed rupees one lakh fifty thousand; AND,

2b. INCOME MUST NOT INCLUDE CAPITAL GAIN, P&G ON B/P OR AGRICULTURAL INCOME, AND

2c. TDS MUST NOT BE DEDUCTED FOR ANY OTHER INCOME.

APPLICATION OF ANY OF THE 2 OPTIONS MAY FULFILL THE REQUIREMENT OF YOUR FRIEND'S LOAN PROCESSING.

ALL THE BEST. HV A GREAT DAY.

YES , FORM 16 CAN BE ISSUED WITHOUT DEDUCTING TAX... IF AN EMPLOYER DIDNT DEDUCT TAX ITS NOT A FAULT OF AN EMPLOYEE, ITS A PROBLEM WITH EMPLOYER... EMPLOYER WILL HAVE TO PAY PENALTY FOR THAT

My Dear

As per the IT Act, Form-16 can be issued to a person from whom any tax has been deducted in the previous FY. The employer is under no compulsion to issue form-16 to a person from whom nothing has been deducted towards TDS as his total income does not exceed the basic exemption limit. One thing the employee can do, he can request his employer to issue form-16 otherwise he can show his salary slips to the bank and convince the bank that the employer is refusing to issue form-16 as his total income does not exceed the basic exemption limit and request the bank to sanction loan on the basis of salary slips.

Form 16 is to be issued compulsorily when TDS is deducted. IF TDS is not deducted then also you can issue Form 16.

If the company refuses to issue Form 16, they can atleast give a salary certificate. Salary certificate is normally given on the letter head of the company, stating the gross salary received during a year.


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