Is that possible getting Form 16 without deduction of TDS ? - tax return

bradhikari Started The Discussion:

Hi friends,

I have few doubts about TDS issue, please could somebody let me clear below points:

- my one of colleague wants Form 16 for flling the I-Tax Return, but his TDS is not deducted as per his salary was not taxable.

So is that possible get Form 16 without paying tds?

- if TDS is not deducted then particular person can fill the I-Tax return & without having Form 16?

- Till when we can file the I-Tax return?


sapburburi -  Member Since: Jul 2011
It is not necessary to issue form 16 when TDS is not deducted and the employee is not going to file his returns.Returns is filed mainly to get the refund of any amount deducted in excess in the form of tds.


pon1965 -  Member Since: May 2009
Form 16 is both for taxable or non-taxable salaried persons. One should get it irrespective of tax paying status. Pon

Anurag Jain -  Member Since: Mar 2007
Yes, Form 16 shall be given whether the salary was taxable or not. For an employer, it is appropriate to submit the details of salary of all employees wither their salary taxable or not, through the eTDS return. It is quite convincing to issue a document to an employees; which he/she can use for return filing purposes. -  Member Since: Jun 2011
"Every person deducting tax at source is required as per Section
203 to furnish a certificate to the payee to the effect that tax has
been deducted along with certain other particulars. This certificate
is usually called the TDS certificate. Even the banks deducting tax
at the time of payment of pension are required to issue such
certificates. In case of employees receiving salary income including
pension, the certificate has to be issued in form No.16. The certificate
is to be issued in the deductor’s own stationery. [U]However, there is
no obligation to issue TDS certificate in case of tax at source is not
deducted /deductible by virtue of claims of exemptions/ deductions"

from Tax Payers Information series 35, "TDS on Salaries" by Directorate of Income Tax

Nilesh Patel


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