Struggling to Get Form 16 from Previous Employer – What Can I Do?

Hi,

I have worked in a recruitment company for almost 4 months and quit the company for better prospects. Now, for some banking formalities, I need the Form 16 from my previous employer, which he is not providing me. I have salary slips and proof of salary credit on my bank statements. It's my right to get a Form 16 from the employer. Please let me know how I can get this document from him. He is not at all ready to issue a Form 16 to me. What may be the reason for not giving a Form 16, when I was on the rolls of the company and have proof of employment.

Regards,
Jyoti

Hi,

Form 16 is a certificate issued by the employer towards the deduction of tax from your salary. Form 16 contains your earnings (income) during the year and deductions made from the salary towards Income Tax. This certificate is proof that the employer deducted tax from your salary. It is the responsibility of the employer to provide you with Form 16 if they deducted any tax from your income.

When submitting your IT return, you need to attach Form 16 as proof of the tax deduction. Now, you need to obtain Form 16 from the employer if they have deducted any tax from your salary. If not, it is not required.

To convince the bank, show your income proof (pay slips) along with the last six months' bank statements.

I hope this information is useful. If you need any further assistance, please feel free to respond back.

Murali.

Filing Tax Returns Without Form 16

How can I file my return without Form 16? All the banks ask for the last two years' IT returns for a home loan. I have to take a loan in January, and at that time, the banks will again ask for the 2015-16 IT return.

I left my job in my previous organization on 27th January 2015. As the notice period was short, they have not paid me almost Rs. 68,000 and asked me to pay an additional Rs. 29,000 for clearance. They did not inform me under what head they deducted and charged me, but I am certain that they made a mistake by not deducting/charging income tax.

As per the system, the hotel was usually deducting income tax (for the complete financial year) from the salaries of January, February, and March. This had been the practice for years.

Since May, I have sent several emails and made phone calls to inquire whether they have deducted my tax or not. They did not reply to me. I even wrote to the corporate office, but they also did not respond. I clearly mentioned that I need to take a loan soon, but there was still no concrete reply. Every time, they said they were looking into it.

Finally, I asked them to provide me with Form 16, but the corporate office and the hotel unit did not reply. Now it's June 2015, and I have to file the return, but I am not receiving any information related to income tax.