How Can I Legally Address My Ex-Employer's Refusal to Provide Form-16?

Hello,

I need to know the procedure to file a complaint against an employer who denies providing Form-16. Please help me resolve the problems I'm facing.

I left my ex-employer a few months ago, and now it's time to obtain Form-16 from them. Despite my emails requesting the Form-16, they have neither responded nor sent the document. I need to take legal action against them to insist on receiving the document.

Please advise me on this matter. Your help is greatly appreciated.

Thanks a lot,
Bharath.

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 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 need to wait for some more days because it may still be in process.
Regards,
Madhu.T.K

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.

You may, meanwhile, also ask for help from your ex-colleagues to assist you in following up with the finance team on your Form 16 status. Trust that this might help you to some extent. I do not see a point as to why they should have your Form 16.

Dear Mr. Bharath,

If your ex-employer has deducted tax at source (TDS), then only are they 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) as 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 the employer is not bound to issue Form 16. In cases where Form 16 is not issued, Form 12B is submitted as proof of income under Section 192(2).

Dear Bharat,

Please make it in hard copy form. You can mark a copy to your Income Tax Officer under whom your files come or with whom you file your returns. However, please wait for some more time because you are required to file the returns by the end of July 2011 only.

Regards,
Madhu.T.K