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Income Tax Return

Jyoti Malik (ACCOUNTANT) (2644 Points)

08 February 2010

How can we file an Income Tax Return without Form 16?
During this year (F Y 2008-09) assessee is not received full salary from the employer. How can I compile the return? On Due basis or reciept basis.
Please advice

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2 Replies

Ratan Deep Saxena (Asstt Manager (Accounts & Finance)) (2998 Points)
Replied 08 February 2010

A salary Certificate may be taken from the company in the absence of Form 16 on the Letter Head of the Company Stating the amount of Salary received during the Financial Year 2008-09.

Salary Shud be taken on received basis in such a case, provided employee shud nt be engaged in any other organisation. A Declaration in this respect shall be received from the employee in the proforma maintained by the company.

regards,

ratan

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Amir (Learner) (4016 Points)
Replied 08 February 2010

Dear Jyoti,

Return filing is the responsibility of the assessee(employee in this case)

Whereas Furnishing Form 16 is the responsibility of Employer

Now Salary will be taxable on receipt or due basis whichever is earlier basis whether Employee has got Form 16 or not. The method of computation will not change.

However if Employer has not furnished Form 16 even after repeated reminders by the employee then this can be taken as reasonable cause for not filing return (i: eAO may not levy penalty u/s 271 F) but again this thing will not relieve employee from his duty to file return..

Further, Employer will be separately liable under the act for not furnishing TDS certifficate (Form 16) within time prescribed...