My friends gross salary(for FY 2012-13) is more than Rs 270000/-. He had submitted Homeloane related documents to employer hence TDS has not been deducted from salary.
Now in this case should the employer issue a Form 16? Or Salary certificate on letter head?
On the other hand, employer had provided a Form 16 which 1)IS NOT in the prescribed format(just a simple document contain details about salary and deductions) 2)DOES NOT contain TAN/PAN 3)IS NOT signed by Account officer (just stamped and signed by senear officer).
The most shoking thing, the employer is state goverment.
Can you plese let know,how to submit the ITR in this case?
14 February 2014
Now a days there is no salary certificate and in all cases form no. 16 should be issued if TDS has been deducted. In case where there is no TDS then the salary will not appear in form No 16 and it will not be generated through NET provided the employer feeds in the data. So the salary certificate help the person concerned to take any loan from any bank.
03 March 2014
Let me ask the questions in different way.
1) TDS has not been deducted because of Home loan proof submitted to employer. (If Home loan proof would have not submitted, TDS would have surly deducted) In this case, is the employer liable to issue Form 16? 2) Is it is mandatory to have the Form 16 only in prescribed format? 3) Is there any Rule/Act that obligate the employer to provide Form 16 in prescribed format only? 4) Who is the signing Authority for Form 16? Is it allowed that there are multiple signing authorities for single TAN? 5) If the form 16 has been signed by a senior manager/officer but not a signing authority, is such Form 16 valid?
CAclubindia
