Urgent : didn't received form 16 from previous employer

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Hi Experts,

My query is for Year 2010-11(last year). I had worked for two employers last year one from April, 2010 to Oct, 2010 and second from Oct,2010 to March'2011. Both the companies didn't deduct income tax from each month salary since total salary acc. to them was less than the first income tax slab. but originally it crossed the first slab (total taxable income: 1.86L) and i didn't recognised this thing last year and therefore didn't filed return.

Now i didn't have Form 16 from the previous employer but second has provided me the same. I want to put few question before your knowledge quest:

1) Can i fill Income return now for 2010-11 and with how much panulty/intrest ?and how shall i fill it without the Form 16 of previous employer?

2) If i fill the return with only Form 16 of second emplyoer, can IT dept. can create some problem later on, since all salaries from previous employer has been processed through my PAN no. ?

3) Does the IT dept keep all the records of my all earnings(processed through PAN)? How can i know all those online?

THanks guys!! would appreciate your help!!

Replies (11)

HI deepak

Pls fill the IT return this year with all the details of income received from both companies. Form 16 is not compulsory to fill ITR.

   

 

Dear Depak

You can file return before 31.3.2012  without received form 16 previous employer. but considerd total salary  received from second employer. And  to analysis own  bank a/c  if any other income come under bank a/c to showed in itr . do'nt fear about income tax Deppt.  you can file income tax return.

Thanks

 

Mr.Deepak,

Provision: Due Date of submission of return for Individual is 31st July for Every year and if you submit return after the due date but before 31st Mar(i.e 31.03.2012 for year 2010-11) than in that case you liable to pay simple interest @ 1% for Each month u/s 234A on your tax Liability only, no any penalty.

As per proviso 139C, the person no required to submit any documents, statements, receipts, certificates, report of audit or any other document alongwith the return, so you submit your return without Form 16 but you file your return as per your Total income earn from both the companies and also deposit the Tax with Interest.

In your Case Tax Liability is following;

Tax on Total Income  (184000-160000) * 10.3% = 2472/-

Interest U/s 234A       (2472 * 1% * 10 Month)     = 247

You Total Liability is 2719/-

 

Q2 & Q3 Ans

You submit your return without any fear because deptt. no raise any issue or problem in your case.

Hi all,

Thank you so much your quick responce!

so, do i need to submit the Form 16 of the my second comapny which i am already having?

and how shall i file return online/CA? and how do i pay that amount?? via cheuque/DD ?

and one more thing i wanna know about "allowances to extent exempt under section 10", i.e. HRA exemption and conveyance annual examption, i want ot know, how it is calculated while calculating the taxable income as per 2010-11 year ?

No need to submit Form 16

filr return through CA

Fees by Cheque 1000/- to 1500/- depend on each case

 

HRA Exemption Calculation

Least of the following three is exempt from tax:

1 Actual HRA Received

2 Rent paid - 10% of Salary for the relevent period

3 50%(In case of Metro) or 40% of Salary

   

 

@ sandeep

And what about the Convenyance Annual Exemption under U/S 10?

Exemption of 800*12=9600 is available under section 10(14) for transport allowance if your salary had a component earmarked for transport allowance.

Under sec 10(14) conveyance allowance is allowed least of :

The actual expenses incurred or allowance received.

 

i think  thats salary is not taxable

because there is many things who is exempt income but mr deepak all figure in total taxable salary

 

and also file the return after check all the parts of salary

 

HI deepak

 

Pls fill the IT return this year with all the details of income received from both companies.

If you want to check the TDS amt, then to go on form 26 AS which is available on www.incometaxindia.gov.in . However if your tax liablity is more thann the tds amount then you have to pay balance amt through cheque or online.

 

Regards

Pankaj chauhan


CCI Pro

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