Dual employment

This query is : Resolved 

12 July 2008 An employee who was working in that company changes his job to another company. The liquidated/closed company refused to issue form 16.

Can the employee files his ITR - 1 with only one form 16(from the second company)?

Non attachment of form 16 from the previous employer might lead to rejection of the return for lack of proper attachment.What should the employee do?

How should he file his return?

12 July 2008 The employer - company has to issue form 16 to the concerned employee...
Form 16 is not required to be attached with ITR 1. However, the same has to be furnished if the AO asks for it in the future... So, its better to have Form 16 in our records.

There may be 2 situations in ur case:


Situation 1 - TDS is deducted by the said employer:

If TDS is deducted, particulars such as Employer name, its TAN, Address, date of payment, amount of payment are required to be furnished in ITR 1 which we can find in the Form 16 issued by the employer

Situation 2 - TDS is not deducted by the said employer:

Form 16 may not be taken from the employer, but, as i said earlier, if AO calls for the same, one has to submit it him

14 July 2008 Thanks shailesh




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