FORM-16 Vs Full And Final Settlement

Hi All
Can employer stop FORM-16 of an employee who has not paid back his full N final amount (In case of recovery) to the employer?
Please clarify
Regards,
Ashish

dear
legally employer can not hold form 16 and you can file a complaint to income tax commissioner.
regards
js malik

Dear outlook,
As malikjs said employer can not hold form 16 of employee. It is responsiblity of employer to give Form 16 to employee when asked? None compliance of this will case legal issue.

Write a letter to your regional income tax comiisioner/officer informing him that you could not file return as your employer is refusing to give form-16 with a copy to your employer.
Things will get right automatically.

Why all against Employer? It is fine that legally employer can not hold Form-16 but employee is also responsible for full & Final settlement before leaving.
Thanks
Jony_M

Malik Sir
You must write a book on statutory complince. Your knowledge is superier and best. I want training under you.

:icon7:Dear Sir,
Employer gets adequate time (even if it is short notice) to prepare and present final settlement dues details to employee. However the staff concerened are just not bothered to do their homework and palce the employee in awkward position.
Thanks
C V Brid

Dear All,
The empoyer is bound by law to provide Form 16/Form 12BA to employee before 30th april of any year irrespective of any dispute.[s.192(2c)]The failure to do so attracts penalty u/s
272A(2)(i) of incometax act @ Rs. 100/- for each day of delay.
This does not absolve empoyee of responsibility of filing return based on the monthly payslips. He can just record the facts with a Regd. letter to employer with a copy to regional IT comm.(reciept acknowledged) and watch the proceedings thereafter.