Non issue of Form 16

This query is : Resolved

sai shinde (Querist)
Follow

04 August 2008 The company in which i worked till July 07, is not giving me form 16. They have deducted mt Tax of 5718 from my salary. They have given me the reason fro non issue of PAN in time.
But there is no such provison in IT Act , that Form 16 will not be issued if PAN not given.

Anybody can guide me!! I have told them to read Section 203 of IT Act.

What action I take if they refuses to give Form 16..

Sai

Mr. PURNA P

Mr. PURNA P (Expert)
Follow

05 August 2008 you have to submit your PAN also. Otherwise the Tax department may not accept the return. Your employer is liable to pay penalty. sowhat they done is correct. Now-a-days PAN is must and should. there are legal provisions for penalty. read section 139 A

thank you

Rushikesh

Rushikesh (Expert)
Follow

07 August 2008 PAN is necessary for you, after you get the same you can submit a copy of the same to them. How are you planning to file a return and claim the TDS anyways?

Upgrade to CAclubindia Pro. Subscribe Now!

sai shinde

sai shinde (Querist)
Follow

07 August 2008 I have given PAN details , but they doesnt found it in their record.. I told them that I want a proof that company has deposited the Tax to govt. deducted from my salary. If they have paid it to givt. then they are bound to issue me Dedustion certificate.
I am on this stand now.