Thread Started by #bharath.ak

Hello,
I need to know the procedure to Compliant on Employer who denies to provide Form-16. Please help me get out of the problems I'm facing.
I had left my ex-employer afew months ago and now it's time to get Form-16 from them. I have been being emailing them asking to provide me Form 16 but they neither respond to my emails nor sending me the Form-16. i need to go legally about it against them and insist them to send me the document.
Please let me know. Your help is greatly appreciated.
Thanks a lot,
Bharath.
14th May 2011 From United States, Buena Park
In your next letter if you mark a copy to The Income Tax Officer, Ward/ Circle/ I/II/III/, as the case may be, you will get the form 16 or at least a reply with an excuse. I hope the case is not related to FY 2010-11. If it is, you may wait for some more days because it may be in the process only.
Regards,
Madhu.T.K
14th May 2011 From India, Kannur
Thank you, Madhu. It is for FY 2010-11 and the reason why I'm collecting this information now is they are not even acknowledging my emails. I have sent them so many emails providing them my latest correspondence address and no response.
I will wait for some more time anyway, but just wanted to know the procedure, just in case.
Also if you could please let me know where can I get the email addresses of people whom I should copy on my email, that would be of great help too.
Thanks a lot.
14th May 2011 From United States, Buena Park
You may meanwhile also ask help from your ex colleagues to help you in following up with the finance team on your Form 16 status, trust might that help you to some extent. I do not see a point why they should your Form 16.
14th May 2011 From India, Madras
Hello again Madhu... can you please let me know the email addresses of the people at IT to whom I should copy in my emails? I've tried to find then on web, but couldn't find anything accurate.
Any help would be greatly appreciated.
Thanks,
Bharath.
16th May 2011 From United States, Buena Park
Dear Mr. Bharath,
If your ex employer has deducted tax at source (TDS) then only they are obliged to issue Form 16.
Under Section 203 of the Income-Tax Act, 1961, anyone deducting tax at source is obliged to issue a certificate of TDS(Form 16 or Form 16A) in evidence of tax having been paid pro tanto by the assessee.
If your ex employer has not deducted any tax at source (TDS) (or your income is not taxable at all) for whatsoever reasons then employer is not bound to issue Form 16.
In cases where Form 16 is not issued, Form 12B is submitted as a proof of income under section 192(2).
17th May 2011 From India, Pune
Dear Bharat,
Please make it in hard copy form. You can mark copy to your Income Tax Officer under whom your files come or with whom use you to file your returns. But do it after waiting for some more period because you are required to file the returns by the end of July 2011 only.
Regards,
Madhu.T.K
17th May 2011 From India, Kannur
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