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Form 16 issue

Kunal (Manager) (46 Points)

05 April 2010

My previous company which i left 4 months ago , is not doing a full and final settlement and will not give my form 16 also.In such a scenario how do i file my retums for this year ? They are saying this is due to the fact that i have joined competition , which is against the joining agreement .

No side has initiated any action on the matter till date.

I have all my salary slips from the previous company .

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5 Replies

Sunil Liladhar Kotak (Manager (F & A)) (2025 Points)
Replied 05 April 2010

I think u can file the return with the available salary slips. there are no issues. However u can not claim any TDS credit(if at all they have deducted) as u do not have the certificate.

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Ratan Deep Saxena (Asstt Manager (Accounts & Finance)) (2998 Points)
Replied 05 April 2010

You Can request for Form 16. If they not provide form 16 to you, request them to issue a salary certificate bearing the salary drawn by you during the year, amount of p.f. deducted and amount of TDS deducted on the company's Letterhead. Such certificate should bear the company's stamp.

U cn file return with such salary certificate and can claim TDS refund too, if any deducted.

regards,

ratan

CA. Ashish Bihani (C.A.) (307 Points)
Replied 05 April 2010

Dear Kunal, you can file your Return on the basis of Salary Slips. Just consolidate all the figures from salary slips along with TDS, if any. You just need to get TAN of the Company to get credit of tax deducted. You may get the same from previous year's Form 16.

Gaurav Gupta (Manager - Account & Finance) (446 Points)
Replied 06 April 2010

Dear Kunal, u can file your tax return by consolidated your whole pay slip of previous company. And deduct all pf and hra etc. after that u can calculated according to income tax slap and file the your Return if you not able to get TAN of the company then go the the incometax.gov.in website and search the tan no of company.

Kunal (Manager) (46 Points)
Replied 06 April 2010

Thanks for all the replies , from which i gather even if i donot have my form 16 , i will have no issues in filing my returns (With the help of the pay slips).