Can You Claim TDS Credit Without Form 16 if You Left a Job Abruptly?

Hi all,

I have a problem relating to the Certificate for TDS on salary (Form 16). One of my friends says that his previous employer does not want to issue Form 16 since he has left the company without adequate notice. What is the alternative for claiming TDS credit from the Income Tax department? Also, is the employer right in saying so?

Kindly enlighten me on the issue.

Regards,
Paddutr

Hi Paddutr,

The employer is definitely doing a wrong act by not issuing a TDS certificate. It is mandatory for all employers to issue Form to the employee once the return has been filed at the Income Tax office.

Firstly, let your friend go and talk to the employer once again, requesting the TDS certificate. In case the employer still doesn't issue it, let him tell the employer that he will approach the IT office directly.

Then ask your friend to collect his appointment/appraisal letter mentioning his last drawn salary, his monthly pay slips which will show TDS deductions monthly, etc. Tell him to give a written complaint to the IT office with all the details like monthly deductions made by the employer for TDS and also the employer's act of not issuing the certificate.

If you go through this route, your employer may also fall into trouble because this will force the IT officers to doubt your employer that they are into some fraudulent activity since they are deducting employees' TDS but not filing the returns. Although this may or may not be right. But don't worry if your friend's TDS is deducted every month, the employer has to issue the certificate. Going through the procedure of the IT office would be a little time-consuming, but he will get it.

Regards,

Pooja

Dear Padutra,

Pooja is 100% right. As per the IT Act, it is the responsibility of the employer to provide Form 16 to all employees who have worked with the organization at any point in the Financial Year. You may request your friend to get in touch with the concerned Income Tax Department for the same if the employer is being tough with him.

Thanks & regards,
Pashupati Singh :D

Dear Paddutr,

Pooja is correct in her reply.

1. The salary is paid by the employer.
2. It is the mandatory document (Form No. 16) the employer should issue to each and every employee.
3. Gross salary, exemptions, savings, tax payable, TDS deducted, and tax to be paid need to be indicated in the form.
4. TDS details should be indicated in the form.
5. This form will become an enclosure along with Saral form to file the return. Without this form, no income tax office will accept the income tax return.
6. So, tell your friend to talk to the previous employer in order to get Form 16.

By the way, the last date to file the income tax return was already over by July. Did your friend not file it? He may be penalized for his delay.
Hope you are attending the Chennai Meet. Your doubts can be clarified. If you need any reference to meet the Income Tax Office, kindly let me know.

Wishes,
Senthil Raj
Email: karpavi_raj@yahoo.com

Dear Sir,

I was an employee of Accord Financial Services. I left the organization on December 31, 2009, with a proper 2-month notice period. My problems are:
1. The company did not consider my 80C rebate document (investment) which I had already deposited, and they deducted more TDS.
2. They have not issued a TDS certificate.

I have written several emails with no reply. When I try to call, they disconnect the phone. Additionally, they have instructed their employees not to communicate with me.

What should I do? Can I file my Income Tax Return without a TDS certificate (Form 16) and submit proof of investment and medical bills? Please guide me.

Company: Accord Financial Services
Address: A-60 Lajpat Nagar II, New Delhi-110024
Contact: Mr. Pawan Agarwal
Contact No: 9811301416
Phone: 011-47695501
Fax: 011-47695555

Regards,
Uday Gupta

Hi,

The employer is not providing a duplicate Form 16. What is the alternative method to collect the Form-16 for the years 2007-08 and 2008-09?

Regards,
Murthy