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Not received FORM 16 yet

Kumar (Engineer) (39 Points)

21 June 2011

Hello All,

I have not recived FORM 16 from my employer for year 2010-2011.

My Empoyer is saying that , thay have not paid last Quarter's empolyes TDS to income tax department yet :( and once they pay it then only they can issue FORM 16 to us.

1) Now when I tried checking on following link given by you and I select 2010-11 year , I am not able to see any record.

https://onlineservices.tin.nsdl.com/TIN/JSP/form16A/LinkToUnauthorizedPanView.jsp

2) Now does this mean that my employer has not paid any of my TDS for finanical year 2010-2011?

Please let me know your thought on this.

Thanks,

Kumar.

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4 Replies

Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
Replied 21 June 2011

Yes, it seems your employer has not paid any of the TDS during Fy 10-11. Or it may have paid but now shown your PAN in TDS return. Or it might have paid but not filed TDs return in form 24Q.

F16 should be issued to you by 31 May 2011.

you can file your Tax return if you are sure that your employer has deducted tax at source and in the absence of form 16 the only proof is your pay slips.

it is intriguing how can an employer continue like this. you are the sufferer for no fault of yours

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@*CS Siddharth Bumb. * (B.Com, CA Final, CS ) (5270 Points)
Replied 21 June 2011

your employer does not paid any taxes...

but he may be liable for penalty if scrutinises by the tax department....

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 21 June 2011

yes agreed

Originally posted by : Siddharth Bumb
	your employer does not paid any taxes... but he may be liable for penalty if scrutinises by the tax department....

yes agreed

Srinivas Reddy (CA , MBA) (59 Points)
Replied 22 June 2011

Mr.Kumar,

it is clearly understand from ur words, ur employer has not paid tds to the it dept.

if ur sure, tds has deducted from ur salary but not remited to it dept, still u file return taking tds dedcted from ur salary into consideration. in such a case u have know how much amount deducted from u.

in this case ur employer penalised for not remiting tds after deduction from u.

if the employer not deducted tds from u, now u have to pay including intrest. ur employer will penalise for dedecting tds.

now u have to do one thing u should confirm wheter he deducted tds(how much) or not.