Is it possible get form 16 without paying tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2013 Hi friends,

my one of colleague wants Form 16 for taking loan from Bank, but his TDS is not deducted as per his salary was not taxable. (Gross salary 2,90,000/- Aggregate amount of deductions u/s 80C,80CCC and 80CCD Rs. 95,000/- Net Taxable Income Rs. 1,95,000/-)
So is it possible get Form 16 without paying tds ?
If possible how can we issue form 16 ?

Regards

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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24 July 2013 Form 16 has to issue by the employer to each and every employee even TDS deducted or Not. If TDS deducted then such TDS deducted amount shall mentioned in form 16 otherwise not.

So it is the duty and liability of every employer to issue form 16 to his each employee.

Form 16 means not only the TDS deduction certificate it also means gross salary payment and deductions from such salary and tax computation as per the details available at the employer regarding to the employee so form 16 must and should be issue to each employee.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2013 Sir,

The employer says that without deducting TDS they can not file the TDS return and can not generate Form 16 from Traces.

So what can we do ?

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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24 July 2013 Even TDS deducted or not Salary payment details has to mention and file while filing of TDS returns. So this is the mistake of the employer so employer first has to revise the TDS efiling returns and then has to issue form 16. Otherwise however the case is non-TDS and no tax liability case so if the employer is willing then he can issue Manual form 16 i.e means otherthan generated through TRACES.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2013 Is it valuable that Form 16 which is generated manually otherthan generated through TRACES for FY 2012 - 2013. Will banks like SBI accept it ?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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24 July 2013 As per the IT Rules from A.Y 2013-14(F.Y 2012-13) Form 16 or 16A must and should issue generated by TRACES. But however in your case there is no TDS deduction so it may not be problem for manual issue as well as BANK shall accept because of bank requires form 16 it not requires sufficient format etc..

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2013 Can you please send a mannual form 16 format for FY 2012 - 2013