Ad-Free CAclubindia and Daily Updates on your mobile. Subscribe Now!

Form 16 not given by employer

Milind M. Kulkarni (Practicing CA) (580 Points)

13 August 2013

One of my friends has salary income and wants to file his Income tax return for AY 2013-14 (due date is already over on 5 August 2013). Though he can file a belated return, he is finding difficulty in getting form 16 from his employer and he doubts that probably his employer has not deposited TDS on salary with government on timely basis. Due to non receipt of form 16, he cannot file his return. What remedy does he have in such a situation?

Reply
Follow
Share

7 Replies

CA LOVELY ARORA (C.A. B.Com (H) Graduate) (2151 Points)
Replied 13 August 2013

Dear Milind,

Isn't that amount showing in Form 26AS also??

And kindly tell, what is the reply from employer side... why he is denying Form 16.. request him or if the employee have connection in Accounts dept. of the company, then consult the accountant to provide him form 16 (as employee have right to get form 16, if the TDS has been deducted).

And even if the problem not solved, then write a letter to A.O., that due to this reason, i am unable to file my income tax return., kindly help in this regard. (after giving all details of employer, TDS deducted etc.... to him) and then file your IT return accordingly.
You may also send an official letter to your employer for Form 16 (and have a copy with yourself) to prove letteron, if required.

Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

Mihir (Wealth Manager) (5293 Points)
Replied 13 August 2013

Check 26AS.

If you do not see TDS in your 26AS, then you will have to write a letter to the company requesting them to deposit TDS, file return and issue form 16 at the earliest enabling you to file IT return. Give them 10 days. If they don't act upon it, speak to the Managing Director directly, showing the letter written by you.

1 Like

manoj (student) (5205 Points)
Replied 13 August 2013

check form 26 AS if u not seeing any tds deduction

then contact accounts dept.

even not solved den inform A.O.

1 Like

Hsk (Student CA Final ) (172 Points)
Replied 14 August 2013

Take information of your tds from the employee who control payroll/salary. And if your tds is not deducted then take answer from your employer and inform to A.O.

Ranu Purohit (Job) (55 Points)
Replied 14 August 2013

hi,

kindly check the tds as per 26AS.if its not submitted by the employer request him otherwise take a action and send him a letter in written.provide some tym for revert and after if he will not issue send the same letter to your respective AO and meet him personally and shortout the problem.

thanks/regards,

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

Parthamesh P Askar (article) (53 Points)
Replied 14 August 2013

Write a letter to company for the requirement of form 16. If they still don't give u Form 16 , file the income tax return claiming the TDS & maintain the proof of TDS deducted for eg Salary Slip.

1 Like

Milind M. Kulkarni (Practicing CA) (580 Points)
Replied 14 August 2013

Thanks all for your valuable inputs. I have still not checked 26AS of my friend (yes, this problem is not faced by me, but by one of my friends).

I understand that I need to first check his 26AS and if it is not updated, his return needs to be filed based on TDS entries as per salary slips. Simultaneously, he needs to follow up for depositing his TDS with government and give him form 16 with escalation at higher/ top level if no response received. Assessing Officer can also be involved if and as necessary.