Where to report if previous employer does not providing form16?

Question

I have been asking for form16 since april 08 but till date my previous employer has not providing it. Please help.

Answer 1

Yes, this is a big problem in India. The employer is required to issue Form 16 by April 30th but many employers even issue it in the last week of July and the due date of return is 31st July.

I don't know if there is a penalty clause but the Income Tax Department must have a penalty clause for this lapse.

Forum on India Taxes: http://www.mytaxes.in

Answer 2

As mentioned by JSS, the TDS Certificate should have issued by April end, 2008 to you. One question here - is your Employer refusing to issue Form-16 or is there a delay?

In the second case and if you are ready to wait for longer time, you may until end of July; you may file your returns online on July 31 also without any penalty.

If the case is the first or if you are not willing to wait and since the Employer has already crossed the April 30 deadline, you can consider the following:

1. Send a recoreded e-mail stating that you will be complaining to the Commisioner of IT and that the Employer will have to pay penalty of INR 100 per day of delay in accordance with Section 272A(2g) and CBDT issued Circular : No. 785, dated 24-11-1999.

2. If still the TDS certificate is not issued, write to CIT (TDS) stating the facts and requesting for issue of direction to the TDS deductor for issuance of certificate.

3. Give a copy of the letter to the A.O and Jt.CIT who is assessing your case (your IT ward).

4. Claim TDS in your return and attach the copies of letter written to the deductor and CIT.

All said and done, please note that you do not need Form-16 to file your returns now - requirement of proofs are eliminated - if you can details of the TDS paid and the TAN and PAN of your Employer, then you may file returns without Form-16. NSDL allows one to verify the TDS submitted to IT Dept by your Firm against your PAN. For this you need to register with INR. 17 at http://www.tin-nsdl.com/panregistration....

Read more at http://www.taxworry.com/2007/03/non-issu... and at http://www.taxworry.com/2007/03/how-to-v...