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Urgent

john sanj (student of foundation) (131 Points)

26 January 2011

i am the core employee of a company.i want to leave this comapany very soon.i feel that my boss may not issue me FORM 16 in order to prevent me from resigning.can he do so?what are options available to me if he actually refuses to issue me FORM 16?please help

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7 Replies

Rahul Singhal (Accounts Executive) (48 Points)
Replied 26 January 2011

Hi John,

Issue of Form 16 is the right of the employee and a duty of the employer. First of all, you must have got form 16 for AY 2010-11. Form 16 for AY 2011-12 will be issued after 31 Mar 2011. Your employer can not prevent you from getting form 16. I don't know the legal way to get this but suggest you to keep safe the following documents with you as these will help you in getting your form 16 legally:

(a) Your Joining/offer letter.

(b) Your Salary Slips for all the months you were in employement.

(d) Any other document that can prove you were in employement with the company.

Hope the above will work.

Warm Regards,

Rahul Singhal

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U S Sharma (glidor@gmail.com) (21063 Points)
Replied 27 January 2011

try to get form 26AS ( tax credit) reg ur TDS for last 2 years ( go to your bank netbanking and try from there, its free now through netbanking), hence u would not need form 16 for your tax deducted at source.

Sivaguru SM (Tax Consultant) (235 Points)
Replied 27 January 2011

You do not need to worry Mr John, you can login your account on income tax portal there you can get Form 26AS details. And here you make sure that your boss should pay your deducted TDS to Central government. Thats it, no need of Form 16, without Form 16 we can file our IT returns no problem.........................

sudheer (CA.Student ) (100 Points)
Replied 27 January 2011

Ok Boss dont worry.. ... we are here to save you through sugeestions my sugeestion is better to take back your Orginal certificates then your prblem is solved afer that you can login to Income tax website and sign up if you are not regidtred so for the we can automatically receive form 26AS ok.

Shahbaj Akhtar (PCC STUDENT) (50 Points)
Replied 27 January 2011

Mr. John

if ur TDS is deducting and your employer is refuse to give Form 16. then dont worry go to " incometaxindiaefiling.gov.in" log in there, and there is one option will come in" my account" i.e. Form 26AS , On there u can get your TDS certificate...

But if any scrutiny will come, than your 26AS Form will not consider for scrutiny, that time u should have Form 16 for salary certificate also with signature of your employer........

But i dont know what is the legal way but u can complain to Assessing officer for Your Form 16.........else request to employer than give my Form 16.

Hope it will work.........

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satyendra kumar singh (Manager-Finance & Accounts) (100 Points)
Replied 27 January 2011

Dear John,

there is no need to worry , form 16 is the right of the employee & this a employer responsibility to issue form 16 to employees before due date. you can also see your tax credit thruogh 26AS. & as per 26AS you can also file your salary return.

Sumiti Jain (FP) (1364 Points)
Replied 27 January 2011

Originally posted by : Rajesh Rathod
	You do not need to worry Mr John, you can login your account on income tax portal there you can get Form 26AS details. And here you make sure that your boss should pay your deducted TDS to Central government. Thats it, no need of Form 16, without Form 16 we can file our IT returns no problem.........................