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Form 16 not recieved from a vendor

Mrinmoy (Software Engineer) (86 Points)

17 August 2015

I run a proprietorship business basically an IT firm. Last year I worked for a firm and they were paying 30K per month for which they were deducting 3K per month as TDS.

But they have not provided me the Form - 16 yet. What should I do? Due date for filling the ITR is also approaching.

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11 Replies

Kiran. S (CTO) (745 Points)
Replied 17 August 2015

From Efiling webiste view your 26As statement. If you can see tax credits thats it fill your ITR form with those tax credits.

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Udgam Koomar (Tax Technologist) (1949 Points)
Replied 17 August 2015

Check if this reflects in 26AS else chase them

KRISHNAPRASAD IYER (B.Com , CA Final) (657 Points)
Replied 18 August 2015

You needn't recieve Form 16 as like in olden days now.

You can rely on the Form 26AS, in which the credit will automatically come against your PAN if the vendor has filed the TDS returns.

Mrinmoy (Software Engineer) (86 Points)
Replied 18 August 2015

I checked my Form 26AS. They have not deposited the amount. What are the actions I can take against them?

Udgam Koomar (Tax Technologist) (1949 Points)
Replied 18 August 2015

This is a horrendous experience which some firms gift to their employees. The collect tax but never deposit or upload the TDS returns. You are in for some chasing now. All employees should collectively give a representation to the boss and see action.

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ish kumar sharma (Sr. Manager Accounts & Finance) (301 Points)
Replied 18 August 2015

Originally posted by : Mrinmoy
	Go get login to incometaxindiaefiling.com and check out whether tax has been credited to your account, if yes then,use the figure to file your ITR and if not ask your deductor to file TDS return so that you could take credit of your tax deduction

Mrinmoy (Software Engineer) (86 Points)
Replied 21 September 2015

Can I file tax based on the ledger data sent by the client even if the 26AS does not show the data?

My client's reply.

"Please find attached herewith ledger account for the FY 14-15. TDS shown in the ledger will be reflected in your 26AS. You can submit the return as per the data stated in the ledger. Due to some problem in our system TDS is not reflecting, we are trying to correct the same."

Miss Rinkal (Student) (1309 Points)
Replied 21 September 2015

@ Mrinmoy:

First and foremost, you will be getting FORM 16A and not form16 (presuming you work means as a consultant and not as an employee) Secondly, check your 26AS whether they have actually deposited the tds or not. If yes, then you will definitely get the TDs certificate. But if they haven't, then you have to chase them to either pay the balance amt to you or pay the TDs and issue you with the TDs certificate asap.

Yes you can file the return based on the ledger. But get it approved and signed by the firm whom have you worked for. You can then file rectification providing the balance details. If you have filed your return well within the due date then you can revise your return as well.

@ Ish Kumar sharma:

You cannot file the return unless and until you have all the details such as TAN No, tds certificate no etc.

Mrinmoy (Software Engineer) (86 Points)
Replied 22 September 2015

In the beginning, you have mentioned that I can file the return based on the ledger. And again at end, you have mentioned that I can not file return, if I do not have a TDS certificate number?

I did not get it properly.

Originally posted by : Rinkal
	@ Mrinmoy: First and foremost, you will be getting FORM 16A and not form16 (presuming you work means as a consultant and not as an employee) Secondly, check your 26AS whether they have actually deposited the tds or not. If yes, then you will definitely get the TDs certificate. But if they haven't, then you have to chase them to either pay the balance amt to you or pay the TDs and issue you with the TDs certificate asap. Yes you can file the return based on the ledger. But get it approved and signed by the firm whom have you worked for. You can then file rectification providing the balance details. If you have filed your return well within the due date then you can revise your return as well. @ Ish Kumar sharma: You cannot file the return unless and until you have all the details such as TAN No, tds certificate no etc.

Miss Rinkal (Student) (1309 Points)
Replied 22 September 2015

You can file your return without providing details of tds. In that case, you might be liable to tax. Get the tax paid on it.

I said if you go by the ledger they would have made TDs provision, they would not have paid it, you can do the same thing.

That was just an alternate method. However in that case you should be sure enough that that firm is abiding all the TDs provision and whatever he is saying is true.