Issue of Form 16 by Assessee not liable to deduct TDS
This query is : Resolved
06 July 2010
I have two queries
1. If employer is not liable to deduct TDS and even not having TAN number how he can issue Form 16. AND
2. If employer issued Form 16 with out TAN Number how employee will be filing his income tax returns with out TAN number of employer.
Memebers are requested to guide on the above queries...
Thank you.
Manoj Dave
1. If employer is not liable to deduct TDS and even not having TAN number how he can issue Form 16. AND
2. If employer issued Form 16 with out TAN Number how employee will be filing his income tax returns with out TAN number of employer.
Memebers are requested to guide on the above queries...
Thank you.
Manoj Dave
06 July 2010
Without TAN - No one can issue form 16 and not necessary also as per act
06 July 2010
A deductor can issue Form 16 only when he has deducted TDS. Without deduction of TDS on salary no one can issue Form 16.
06 July 2010
A deductor can issue Form 16 only when he has deducted TDS. Without deduction of TDS on salary no one can issue Form 16.
06 July 2010
A deductor can issue Form 16 only when he has deducted TDS. Without deduction of TDS on salary no one can issue Form 16.
06 July 2010
agreed, without TAn, no validay of FOrm 16.
in these cases, salary certificate on letter head should be provided to employee inplace of FOrm16 having without PAN.
in these cases, salary certificate on letter head should be provided to employee inplace of FOrm16 having without PAN.
06 July 2010
Employee is insisting on Form 16 on which we have not deducted any TDS and also we are not liable to deduct the same...
06 July 2010
IF YOu have TAN No. and Employee Gross salary before any deduction u/s 80C/D/G is more than 160000/- ,then you can provide him Form 16, otherwise you need not to provide him.
06 July 2010
I am not agree with the expert. Form 16 can be issued only where their is TDS deduction. However, if Gross salary is more than basic exemption limit and after deduction under chapter VI-A is salary is below the basic exemption limit in that case Form 16AA can be issued.
06 July 2010
But if Gross salary is below basic exemption limit then salary certificate shall be issued. We need to work according to law and not according to employees or their requirements
06 July 2010
Mr.Shudhashu view is ok, if there is no TDS deduction then no mandatory requirment to issue Form 16
06 July 2010
Mr.Shudhashu view is ok, if there is no TDS deduction then no mandatory requirment to issue Form 16
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06 July 2010
If you go through Rule 31 their it is mentioned
"Form No. 16, if the deduction or payment of tax is under section 192"
Which makes it clear that one can not issue Form 16 until and unless TDS has been deducted u/s 192
"Form No. 16, if the deduction or payment of tax is under section 192"
Which makes it clear that one can not issue Form 16 until and unless TDS has been deducted u/s 192
06 July 2010
In case if employer is not giving Form 16 for non-deduction of TDS how employee will file his income tax return?
Total Salry paid is Rs. 480000 with out deduction of TAXes as Employer not liable to deduct TDS...
Total Salry paid is Rs. 480000 with out deduction of TAXes as Employer not liable to deduct TDS...
06 July 2010
Agreed Mr. Shudhanshu,
But from 1st April 2009, Form 16AA is abolished.
As per my above statement, Employer may provide Form 16 if his gross salary is exceed exemption limit and Employer has not deduct TDS due to his savings.
There is no restriction to issue form 16 to employee in this case.
In Etds return , we have to also mention the data of these employee and to filed also.
But from 1st April 2009, Form 16AA is abolished.
As per my above statement, Employer may provide Form 16 if his gross salary is exceed exemption limit and Employer has not deduct TDS due to his savings.
There is no restriction to issue form 16 to employee in this case.
In Etds return , we have to also mention the data of these employee and to filed also.
06 July 2010
Agreed Mr. Shudhanshu,
But from 1st April 2009, Form 16AA is abolished.
As per my above statement, Employer may provide Form 16 if his gross salary is exceed exemption limit and Employer has not deduct TDS due to his savings.
There is no restriction to issue form 16 to employee in this case.
In Etds return , we have to also mention the data of these employee and to filed also.
But from 1st April 2009, Form 16AA is abolished.
As per my above statement, Employer may provide Form 16 if his gross salary is exceed exemption limit and Employer has not deduct TDS due to his savings.
There is no restriction to issue form 16 to employee in this case.
In Etds return , we have to also mention the data of these employee and to filed also.
06 July 2010
Form 16 has nothing to do if there is no tax deduction at source. The importance of Form 16 arises when the employee takes the credit of TDS deducted by the employer. In the ITR also we need to show the details of Form 16 at the place where we are taking the credit of TDS deduction.
If employer is not liable for TDS deduction then their can be no Form 16. Employer can issue only salary slips or salary certificate.
If employer is not liable for TDS deduction then their can be no Form 16. Employer can issue only salary slips or salary certificate.
06 July 2010
Agreed with you.
But practically on the request of employee , company issue form 16 to him.
Because most of bank demands from employee form 16 for loan purpose. They has not give credit to salary certificate.
Except this, there is no use of form 16.
Salary Certificate is sufficient.
But practically on the request of employee , company issue form 16 to him.
Because most of bank demands from employee form 16 for loan purpose. They has not give credit to salary certificate.
Except this, there is no use of form 16.
Salary Certificate is sufficient.
06 July 2010
I agree with you that bank demands Form 16 for loan purpose but in the above it is against the law. Moreover, bank needs the proof of income so that the person can repay the loan and if the person furnishes salary certificate then also it shall be sufficient evidence of income.
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