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Issue ID: 108764
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Employer not issuing form 16/ TDS certificate

Date 18 Jun 2015
Replies 3 Replies
Views 4137 Views
Asked by
Form 16 obligation: employers must provide TDS certificates; employees may complain to tax authorities and use Form 26AS.
Employer obligation to furnish Form 16 (TDS certificate on salary) arises where tax is deducted at source; failure to issue Form 16 attracts penalties and permits the employee to complain to the tax administration. Meanwhile an employee may rely on Form 26AS as interim evidence for filing returns until the employer provides Form 16. (AI Summary)

Background:

I have worked as employee at Link Utsav Auto Systems Pvt. Ltd. (TAN: DELL05105C; PAN: AACCL1653R).

During the Financial year 2013-14 (AY 2014-15), TDS has been deducted by Link Utsav Auto Systems Pvt. Ltd. (TAN: DELL05105C) ₹ 53048/- on my salary. No Form 16(TDS certificate on salary) had been issued to me by my employer required as per section 203 ‘Certificate for Tax Deducted’ of Income Tax Act..

I have requested my employer to issue Form 16, but they are not cooperating in spite of my continuous follow up with them.

My request:

I humbly request you to please instruct the Tax Deductor (Link Utsav Auto Systems Pvt. Ltd.; TAN: DELL05105C) to issue my (Pramod Kumar Garhwal; PAN AHJPG8432A) form 16, which is his statutory obligation under Income Tax Laws, being enforcing authority related to TDS matters under Income Tax Laws of India.

I am sure with the above your honor will consider my matter and do the needful at earliest.

Thanking You.

(Pramod Kumar Garhwal)

PAN: AHJPG8432A

Address: 102, Suryansh Appartment,

44-B, Brijeshwari Annex

Indore-452016 (MP)

3 answers
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Replied on Jun 18, 2015
1.

it is the statutory obligation on the part of employer to issue form 16 to employees within 15 days from the date of filing Q4 e-TDS RETURN. if any employer not issuing in that manner will be penalised with ₹ 100 for every day of delay. probably you can complain to IT dept on this issue and make them issue notice to your employer. if Form-16 you are requiring for return filing purpose, you may go ahead with 26AS for the time being until the issue with your employer is resolved.

Like 0
Replied on Jun 19, 2015
2.

Dear Sir,

Thank you for the reply, please let me know to whom a how i can make a complaint on line or by letter.

Thanks

P.K.Garhwal

Like 0
Replied on Jun 19, 2015
3.

Jurisdictional Assistant Commissioner/DC

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