Navigating Two Form 16s from Different Employers: Can I Use Both Without Issues?

Hello All,

I had posted a similar query some time back, but I need more explanation.

I graduated in 2008 and joined a small organization. After 10-15 days, I got an offer from an MNC which included signing a bond. I still went to their office to complete joining formalities and, if possible, get a waiver on the bond. I completed joining formalities but did not get an appointment letter as I had not submitted a few documents. I was told that I would have to sign a bond anyway (but after 8-10 days) and wouldn't get a waiver on the bond amount.

So, I decided not to join the organization and informed my point of contact (I did not inform HR assuming my point of contact would do the needful). After a few months, the company called me and asked to pay some amount towards the shortfall of the notice period, or else they would not process my relieving letter.

This issue was resolved as I had not joined the company for a single day.

Now, they have sent me Form 16 as I was on their payroll for a few days before they closed this matter.

My question is, can I show this Form 16 along with my current employment Form 16? Also, do I need to worry about any such hassles in the future on this matter?

Dear,

You have not worked there for a single day and you have not received any payment, then how was tax deducted and why was Form 16 issued? There may be some clerical mistake.

Regards,
J. S. Malik

Hello All,

I had posted a similar query some time back, but I need more explanation. I graduated in 2008 and joined a small organization. After 10-15 days, I got an offer from an MNC, which included signing a bond. I still went to their office to complete joining formalities and, if possible, get a waiver on the bond. I completed the joining formalities but did not receive an appointment letter as I had not submitted a few documents. I was informed that I would have to sign a bond (but after 8-10 days) and would not get a waiver on the bond amount.

So, I decided not to join the organization and informed my point of contact (I did not inform HR assuming my point of contact would take care of it). After a few months, the company called me and asked me to pay some amount towards the shortfall of the notice period, or else they would not process my relieving letter. This issue was resolved as I had not joined the company for a single day.

Now they have sent me Form 16 as I was on their payroll for a few days before they closed this matter.

My question is, can I show this Form 16 along with my current employment Form 16? Also, do I need to worry about any such hassles in the future on this matter?

Thank you.

I have no idea why they issued Form 16. When I spoke to them, they said I was on their payroll since the day I completed joining formalities and was there for some 15 odd days before the matter was closed. Plus, they have already paid the tax and filed a return on my behalf. So, I think I need to file a return for both companies this time.

One more time, I am asking, can this pose a problem in the future with respect to any aspect?

Dear,

It will not be a problem in the future. While filing a return, you can show this amount of TDS in your account. There is absolutely no problem.

Regards,
J. S. Malik

Thank you very much, Mr. Malik and Divya.

I really appreciate your help. As you can see, I have just started my career in the industry and was really worried about this with regards to my current employment. I hope this matter will be closed once and for all after filing returns.

Dear Malik Sir,

I have a doubt in this case; if he/she has not received an appointment order, then how will this person know his salary? Even if the company paid taxes on this person's behalf, on what grounds did they do so? Kindly clarify....

Thank you.

Dear Malik Sir,

I have a doubt in this case. If he/she has not received an appointment order, how will this person know his salary? Even if the company paid taxes on this person's behalf, on what grounds did they do so? Kindly clarify...

Thank you.

Absolutely wrong feedback.

If you have not received your appointment letter and you didn't work in that organization, how can they issue a Form 16? It is the company's fault, and you can ask where is my salary on which they deducted tax. Either the company is making a fool of you. Please send a letter to the company stating that I had filled all formalities; however, I didn't work for a single day. This is a fake Form 16, and I can't accept this. Also, show about your working period while submitting your income tax return. It will be clear that you didn't work from the date to that duration.

Best Regards,

Sajid Ansari
Delhi

I had not received the appointment letter, but I had the offer letter with me. They have not credited the salary, neither have I received it. However, they have already filed the returns on my behalf. I guess I will have to file the returns now.

Dear Rajini,

It is a clerical mistake. In case there is any criminal or theft case registered in the company and you are accepting the Form 16 for your work at the company, then you are liable to provide an explanation in court if there is any hearing. Please do not choose the illegal route by accepting the Form 16; the company can rectify the mistake by submitting a revised return.

If you choose to fill it, it is your decision.

Best Regards,

Sajid Ansari - Delhi

Now that they have already filed returns on my behalf, I will need to file returns, right? Also, that income is not taxable. Will it make any difference?

Hello,

Could you please clarify what the amounts mentioned, if any, in the Form 16 represent? Since the number of days employed is zero, the salary for the period would be zero, and therefore, the tax deducted would also be zero. In this case, what material value does the Form 16 hold for which it has been issued and which needs to be reflected in the return? Please clarify.

PS