Form 16 of person whose name was not entered in form 24q.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2012 We had not issued form 16 to person from whom TDS was not deducted or they don't have the taxable income and their record was not inserted in Form 24Q .

Now some employee are saying that they require Form 16 as they want to take home loan as the banker is vehemently denying them loan unless they provide him with Form -16 ,even a salary certificate from HR is also not satisfying their purpose.

Now in this situation can we issue Form-16 to them although the record was not inserted in Form 24Q as neither TDS was deducted nor they have taxable salary

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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08 August 2012 The employer can issue Form 16 to an employee whose income is less than the taxable income and TDS has not been deducted even though detail of such employee have not been furnished in the TDS return.

srinath

srinath (Expert)
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08 August 2012 I thnik the best approach is to provide a salary statement rather than form 16.

Since rule 31 provides that only in case of deduction of tax at source, form 16 should be given

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