We are receiving Form 16A TDS certificates from parties with digitally signed. Is these certtficates with digital signature on Form16A is valid? Circular 2/2007 covers Form 16 and not form 16A? Please clarify.
11 Replies
Sujit Talukder
(service)
(719 Points)
Replied 17 June 2009
Whats the legal basis of claiming it as valid? Please clarify. Is there any circular etc?
Anuraag Sharma
(Sr Executive Finance)
(845 Points)
Replied 17 June 2009
there is no circular till date but we are following the rule of Ejusdem Generis....which means the facts declared for considering form16 valid even if digitally signed are also applicable on form16A....we have lodged our feedback with the department for the same issue and hoping to see a modified circular or notification for the same.....within few days.....!!!
Rajesh
(Service )
(7576 Points)
Replied 18 June 2009
If form 16 is not signed then is that valid ???
saurabh sharma
(DIRECT TAX)
(23 Points)
Replied 30 June 2010
Circular specifically mentioned form 16 only not form 16A so you can not sign form 16A digitally in any condition unless you get the permission from the commissioner of doing so.Ejusdem Generis not applicable.
dinesh jain
(Article Trainee)
(32 Points)
Replied 02 July 2010
Is there any further clarification on the same ? . I too have the same query
amanjit
(*)
(25 Points)
Replied 06 July 2010
| Originally posted by : Sujit Talukder | ||
 |
We are receiving Form 16A TDS certificates from parties with digitally signed. Is these certtficates with digital signature on Form16A is valid? Circular 2/2007 covers Form 16 and not form 16A? Please clarify. |
 |
I have the same query. I know for a fact that the circular allows Form 16 to be digitally signed. Also it is "possible" to digitally sign Form 16A but i could not find any notification or legal document to backup the same. Any luck?
Vinod Agrawal
(Director)
(22 Points)
Replied 24 January 2011
As per the information available with us, Digital Signatures cannot be applied to Form 16A, since there is no notification / circular on it. The Circular available clearly mentiones Form 16 - for Salaried Employees only.
We are the Registration Authority of TCS-CA in name of ACE Technology, and have been issuing lot of Digital Signatories & software for signing Form 16 across India. One of the company informed us that in 2010, they clarified with the Department, who confirmed that Digital signatures are not presently allowed for signing Form 16A.
Vinod Agrawal
(Director)
(22 Points)
Replied 27 June 2011
This is to inform all that CBDT issued a Circular No. 03 /2011 dated 13th May 2011 which allows Form No. 16A also to be Digitally Signed with Digital Signature Certificates.
The circular has been attached for reference.
For Bulk signing of the Form 16A with Digital signature Certificate, softwares are available in the market, which saves a lot of time and effort in signing the forms. One of the softwares is FileSigner Pi provided by ACE Technology . For details you may contact ACE.
Attached File : 492353 751382 tdscircularno3 form 16 a.pdf downloaded: 203 times
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