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Can a part time employer get form 16

SANTANU KOLEY (ACCOUNTANT) (69 Points)

22 February 2011

Can a employee get Form 16 both from his regular as wel as part time employer in same financial year.

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15 Replies

Pankaj Arora (Learner) (3134 Points)
Replied 22 February 2011

If employee comes in any organization employer assume that employee will do permanent job and deduct tax on salary. So if you deduct tax than obliviously you have to issue form 16

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SANTANU KOLEY (ACCOUNTANT) (69 Points)
Replied 22 February 2011

Both the employer do not deduct any tax, but the employee asking for Form 16 for his loan purpose.

Pankaj Arora (Learner) (3134 Points)
Replied 22 February 2011

If employer did not deduct tds. than employer can not give form 16…

Manoj BG (Tax Professional and in Service) (1795 Points)
Replied 22 February 2011

agreed with pankaj, Employer not deucting the TDS is under no obligation to give form 16.

Regards

Manoj B. Gavali

VENKATA RATNAM NUNNA (SAP Consultant) (50 Points)
Replied 22 February 2011

the employer may give a salary certificate instead

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Karan Teli (Life Is just an Illusion...!!) (4573 Points)
Replied 23 February 2011

agreed with above points.......

Ashok Asthana (Secretary) (669 Points)
Replied 23 February 2011

Originally posted by : Karan Teli
	agreed with above points.......

Employer is not under obligation to issue Form-16, if no TDS is deducted. Hoever some employees take loans from banks who insist on Form-16 from employer. They refused to accept salary certificate in lieu.

priti (.) (25 Points)
Replied 23 February 2011

Yes he can get form 16 if employer deduct or otherwise he can get salary certiificate

Mohammad Asif (chartered accountant) (191 Points)
Replied 07 March 2011

IF NO TDS IS DEDUCTED HE CANNOT GET FORM 16

SANJAY (CHARTERED ACCOUNTANTS) (938 Points)
Replied 07 March 2011

May i know where it is written in law that if employer have not deduct the TDS then it is not mandatory for employer to issue Form 16..??

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Pankaj Arora (Learner) (3134 Points)
Replied 07 March 2011

Yes its now written that but how will you issue without deducting TDS or filing 24Q.

SANJAY (CHARTERED ACCOUNTANTS) (938 Points)
Replied 07 March 2011

yes! we can file 24Q without deducting TDS.. The software of TDS doen not stop to make TDs return except in the case if the details of the employees are not filled in..

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 07 March 2011

Originally posted by : SANJAY VERMA
	May i know where it is written in law that if employer have not deduct the TDS then it is not mandatory for employer to issue Form 16..??

form 16 is certificate of Tax deduction at source from salary, when Tax is not deducted than whats the meaning of certificate?

from the certificate header

Certificate under section 203 of the Income-tax Act, 1961 for Tax deducted at source on Salary

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 07 March 2011

¹[Certificate of tax deducted at source to be furnished under section 203.

31. (1) The certificate of deduction of tax at source by any person in accordance with Chapter XVII-B or the certificate of payment of tax by the employer on behalf of the employee under sub-section (1A) of section 192 shall be in—

(a) Form No. 16, if the deduction or payment of tax is under section 192; and

(b) Form No. 16A if the deduction is under any other provision of Chapter XVII-B.

(2) The certificate referred to in sub-rule (1) shall specify:—

(a) valid permanent account number (PAN) of the deductee;

(b) valid tax deduction and collection account number (TAN) of the deductor;

(c) (i) book identification number or numbers where deposit of tax deducted is without production of challan in case of an office of the Government;

(ii) challan identification number or numbers in case of payment through bank;

(d) (i) receipt number of the relevant quarterly statement of tax deducted at source which is furnished in accordance with the provisions of rule 31A;

(ii) receipt numbers of all the relevant quarterly statements in case the statement referred to in clause (i) is for tax deducted at source from income chargeable under the head “Salaries”.

(3) The certificates in Forms specified in column (2) of the Table below shall be furnished to the employee or the payee, as the case may be, as per the periodicity specified in the corresponding entry in column (3) and by the time specified in the corresponding entry in column (4) of the said Table:—

TABLE

Sl. No.	Form No.	Periodicity	Due date
(1)	(2)	(3)	(4)
1.	16	Annual	By 31st day of May of the financial year immediately following the financial year in which the income was paid and tax deducted.
2.	16A	Quarterly	Within fifteen days from the due date for furnishing the statement of tax deducted at source under rule 31A.

(4) If an assessee is employed by more than one employer during the year, each of the employers shall issue Part A of the certificate in Form No. 16 pertaining to the period for which such assessee was employed with each of the employers and Part B may be issued by each of the employers or the last employer at the option of the assessee.

(5) The deductor may issue a duplicate certificate in Form No. 16 or Form No. 16A if the deductee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the deductor.

(6) (i) Where a certificate is to be furnished in Form No. 16, the deductor may, at his option, use digital signatures to authenticate such certificates.

(ii) In case of certificates issued under clause (i), the deductor shall ensure that—

(a) the provisions of sub-rule (2) are complied with;

(b) once the certificate is digitally signed, the contents of the certificates are not amenable to change; and

(7) Where a certificate is to be furnished for tax deducted before the 1st day of April, 2010, it shall be furnished in the Form in accordance with the provisions of the rules as they stood immediately before their substitution by the Income-tax (6^th*Amendment) Rules, 2010.

Explanation.—For the purpose of this rule and rule 37D, challan identification number means the number comprising the Basic Statistical Returns (BSR) Code of the Bank branch where the tax has been deposited, the date on which the tax has been deposited and challan serial number given by the bank.]