08 August 2012
Dear All, mr.x is getting salary Rs.17000/-pm. ie. Rs.204000/-pa ( coming under tax slab). but after deduction of PF,PT & HRA Net Salary Rs. 170000/-.
Present Employer not issue form 16 due to no TDS has been deducted.
08 August 2012
File the return as per the information available with you. The assessee verifies the return. So... no problem in filing the return. (The story could be different, if employer is showing it under contract and not as employment.)
08 August 2012
In Your Case Return Filling is Mandatory u/s 139(1), but in salary case it not compulsory since income below 5 lacs. just get form 16 from employer, employer is manadtory to issue form 16 by 31st may 2012, u ask him to give form 16 even no tax is deducted. and no need to file return but its better to file return. just get form 16 from employer.
08 August 2012
If employer has not deducted tax at source then there is no requirement to issue form 16A (rule 31 says only for deduction of tax)
Further, if the income is below the taxable limit, then there is no requirement to file the tax even if the assessee has income from different heads (Section 139(1) clearly provides for this)
08 August 2012
Form 16 is require to Issue Even if No TDS is Deducted as Employee require so.
and u/s139(1) return fillling is complusory if income is above taxable basic limits....since here pf u/s 80c claimed so chapter VI a dedn not to count and return is to be filled, but since from this year salary income below 5 lacs nee dnot to file return so no need to file return if there is no income other than salary.
08 August 2012
Dear Ayush Agarwal, please let me know the argument in favour of compelling the employer for form 16. (The employer may issue salary certificate in other form)
09 August 2012
You are right. For salary form 16A is not applicable. My question is can an employee compell his/her employer under income tax act, 1961 to issue form16, when no 'TDS' is made under the head SALARY. Please take this as DISCUSSION and not ARGUMENT.(Discussions result in conclusions whereas ARGUMENTS take us nowhere)
09 August 2012
Sure Sir, We Have Discussion Only, Not Arguments.
Strictly speaking an employer is obliged to issue Form 16 which is a certificate of tax deducted at source only when he has deducted any tax from the employee’s salary. If no tax has been deducted owing to the fact that the employee’s salary is below the tax-free threshold, then there is no need to issue Form 16.
But Here Author Asking That His Tax Has Not Been Deducted Because of PF (Section 80C - Chapter VIA), So I Think Salary Income Was Not Below Exemption Limit, The Tax is Not Deducted Beacuse of Chapter VI A Deduction, so In This Case I Think is For 16 Need to Be Issued. Ti File His Return, To Obtain Bank Loan There May be Many Issue That Employee Need Form 16, Whether Tax Has Been Deducted or Not.
09 August 2012
HRA deduction, Prof tax can be claimed and only point to be checked out is PF. if salary below PF is less than 180,000 then there is no reqirement to file
Even in a case where the salary exceeds the taxable limit but it has been reduced on account of PF or other chapter VIA deduction and so the employer does not deduct TDS, employer is not under obligation to issue form 16.
Form 16 is to tell the employee that so much of tax has been deducted. When in the first place, the employer has not deducted according to me the question of form 16 does not arise
while approaching bank, they may ask for form 16. But salary certificate would suffice in case the income was below taxable limit
also while approaching bank, they do not ask whether tax has been deducted or not. Utmost their question would be to obtain ITR V
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