Hi all,
I have a problem relating to Certificate for TDS on salary ( Form 16). One of my friends says that his previous employer does not want to issue Form 16 since he has left the company without adequate notice. What is the alternative for claiming TDS credit from the Income Tax department.
Also is the employer right in saying so.
Kindly enlighten me on the issue.
Regards,
Paddutr

From India, Gurgaon
Hi Paddutr,

The employer is definitely doing a wrong act by not issuing a TDS certificate. It is mandatory to all employers to issue Form to employee once the return has been filed at the Income tax office.

Firstly let your friend go & talk to the employer once again requesting for the TDS certificate. Incase the employer still dosnt issue then let him tell the employer that he will approach the IT office directly.

Then ask your friend to collect his appointment/ appraisal letter mentioning his last drawn salary, his monthly pay slips which will show TDS deductions monthly etc. Tell him to give a written complaint to the IT office with all the details like monthly deductions made by employer for TDS & also employers act of not issuing the certificate.

See, if you go thu this route your employer may also fall into trouble bcoz this will force the IT officers to doubt your employers that they are into some fraud act since they are deducting employees TDS but not filing the returns. Although this may or may not be right. But dont worry if your friends TDS is deducted every month, the employer has to issue the certificate. Going thu the procedure of IT office would be little time consuming but he will get it.

Regards,

Pooja

From India, Pune
Dear Padutra,
Pooja is 100% right, as per the IT Act its the responsibility of the employer to provide the Form 16 to all the employees who have worked with the organisation during any point in time in that Financial Year, you may request your friend to get in touch with the concerned Income Tax Department for the same if the employeers is being rough with him.
Thanks & regards,
Pashupati Singh :D


dear paddutr,
Pooja is correct in her reply.
1. The salary is paid by the employer.
2. It is the mandatory document (Form No.16) the employer should issue to each and every employee.
3. Gross salary, exemption, savings, tax payable, tds deducted, and tax to be paid needs to be indicated in the form.
4. Tds details to be indicated in the form.
5. This form will become encloure along with saral form to file the return. Without this form no incometax office will accept the income tax return.
6. So tell your friend to talk to previous employer in order to get the form -16.
By the by, the last date to file the income tax return was already over by July. Did your friend not file the same ? He may be penalised for his lack.
Hope you are attending the Chennai Meet. Your doubts can be clarified. If you need any reference to meet the Income tax office, kindly let me know.
wishes
senthil raj

From Costa Rica, San José
Dear Sir,
I was employee of Accord Financial services. I left Organisation on 31-dec-2009 with proper 2 month notice period. My Problem are
1> Company not consider my 80 C rebate document (Investment) which I already deposited and deduct more TDS.
2> Not issuing TDS certificate.
I wrote several mail no reply. When I try to call him then he disconnect the phone. Even he told his employee "nobody talk to him"
What I should do? can I file ITR without TDS Certificate(Form 16) and submit proof of Investment & medical bill. Please guide me.
Company Accord Financial Services
Address A-60 Lajpat Nagar II
New Delhi-110024
Contact Mr Pawan Agarwal
Contact No 9811301416
Phone 011-47695501
Fax 011-47695555
regards,
Uday Gupta

From India, Delhi
klncs
19

Hi Employer is not giving duplicate Form 16, Wat is the alternative method to collect the Form-16 for the year 2007-08. and 2008-09. Regards Murthy
From India, Hyderabad
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