HI,
Please solve this case
Finance dept issued form -16 to an ex employee.There was some spelling mistake in his name.Now the employee is asking for a fresh Form-16 with correct name,the finance deptt.doesnt have any problem in issuing him a fresh form but it wants that the former form will be returned.when i asked the employee to give it back he said that the same has been distroyed as this was of no use.Now the finance says he will not issue a new form unless he gives back the old one.The employess says he will go to Income tax deptt and file a case against us.The guys in finance says that ask the employee to mention the loss in 100Rs stamp and then the new will be issued even this is not ageeing the employee
I want to know what are the legal implication involved in this and how this can be resolved.
Regards,
Aashi
From India, Delhi
4Please solve this case
Finance dept issued form -16 to an ex employee.There was some spelling mistake in his name.Now the employee is asking for a fresh Form-16 with correct name,the finance deptt.doesnt have any problem in issuing him a fresh form but it wants that the former form will be returned.when i asked the employee to give it back he said that the same has been distroyed as this was of no use.Now the finance says he will not issue a new form unless he gives back the old one.The employess says he will go to Income tax deptt and file a case against us.The guys in finance says that ask the employee to mention the loss in 100Rs stamp and then the new will be issued even this is not ageeing the employee
I want to know what are the legal implication involved in this and how this can be resolved.
Regards,
Aashi
From India, Delhi
As per the current law of income tax there is no requirement to submit the form 16 with the ITR 2.And in any case the finance deptt.can issue a new one certificate by putting "Duplicate" on it.With this an affidavit on a 100Rs.stamp paper by employee for the misspelled name and misplacement of certificate can also be a solution. As per my opinion there is no hardship to financial Deptt. in issuing the duplicate certificate.
From India, Delhi
From India, Delhi
Duplicate can not be issued with correction. If necessary, let your finance dept bear the cost of affidavit charges as the fault lies with them.
From India, Lucknow
From India, Lucknow
It is better to have an affidavit, who ever bears the cost.
Rule changes, peoples mind get change, office staff also gets transfer/replacement.
So for the safer side / for record purpose affidavait should be kept.
So for mistake in the Form 16 is concerned, on the one hand office (finance) staff is at fault, but the employee is also equally at fault for receiving it. Further destroying the form is also amount to a great mistake.
From India, Hyderabad
Rule changes, peoples mind get change, office staff also gets transfer/replacement.
So for the safer side / for record purpose affidavait should be kept.
So for mistake in the Form 16 is concerned, on the one hand office (finance) staff is at fault, but the employee is also equally at fault for receiving it. Further destroying the form is also amount to a great mistake.
From India, Hyderabad
1. Form 16 is a personal document which can be mis used
e.g., some one may give it as proof of paying tax to get a loan from bank etc.
2. However, the employer can issue a fresh Form 16 once the employee points out the wrong spelling. That is, those corrections qualify him/her for the fresh issue.
3. A written statement of loss of the old Form 16 is enough because, if anyone misuses it, the employee will be the loser and not the TDS authority(employer)
e.g., some one may give it as proof of paying tax to get a loan from bank etc.
2. However, the employer can issue a fresh Form 16 once the employee points out the wrong spelling. That is, those corrections qualify him/her for the fresh issue.
3. A written statement of loss of the old Form 16 is enough because, if anyone misuses it, the employee will be the loser and not the TDS authority(employer)
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