form 16

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 my friend has lost his form 16. the employer is not giving duplicate form 16 for AY 2009-10. Is it possible for central processing centre to get form 16 for the assessee

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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21 July 2010 No body can provide Form 16 except your employer. Request him for a duplicate copy. Any way if any TDS has been deducted from you, you will get credit even if you have lost your form 16, if the return has been filed by your employer.

Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 thank you sir, he has received an intimation asking for form 16 for ay 2009-10. can the CPC proceed directly to the employer and ask for form 16.

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Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 if employer has deducted tax for a particular month and the same is not appearing in tax credit 26AS, what can the assessee do

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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21 July 2010 Based on your salary slip in which the figure of tax deduction is appearing, you can always question your employer...

Sunil

Sunil (Expert)
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21 July 2010 You can request for duplicate and employer can by law issue a duplicate. Only he will have to mark it as duplicte.

The department will call for TDS certificate during scrutiny or in your case with intimation. You can submit the ducplicate certificate with an indemnity bond appropriately stamped as per the rates in force at the State where you submitted the return.

Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 can the department directly ask the employer to furnish duplicate form 16 to income tax department

Sunil

Sunil (Expert)
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21 July 2010 Obtaining the Form 16 is between you and your employer. Department takes action on employer ONLY IF they have evidence from you of having deducted tax and it is apparent they have not deposited it at all or if they failed to deduct and deposit tax. The action is taken by the TDS Circle having jurisdiction on your employer and not the ITO assessing or processing your returns. For you, even if you can obtain a xerox copy of certificate from employer and if your credit is reflecting in your PAN Form 26AS, you will not have a problem as they may take cognisance of the xerox. However, if credits are not reflecting in your PAN, they may need to verify a original or a duplicate with your indemnity and try to search for the credit. Usually the credits do not reflect on account of returns not filed by deductor or not properly filed. In any case the onus is on the assessee to persuade the deductor to file the returns if TDS is deposited and ensure proper credit to the PAN. If this is not done, the position in law as of today is that refund will NOT be granted if applicable. However, if there is a demand,you cannot be asked to pay again if you have Form 16 as proof of payment.

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