Struggling to Get Form 16 from My Old Employer – How Can I Secure My Housing Loan?

My previous employer is not providing me with the Form 16 for FY 2010-2011. I need the Form 16 for applying for a housing loan, without which bankers are not processing the loan. Please help.

Thank you.

You have not mentioned whether any tax was deducted at source during the year 2010-11 by your employer or not. If no tax was deducted at source, your employer is not obliged to give you any Form 16.

I agree with Mr. Dingra. Form 16 is a TDS certificate and not a salary certificate. If the salary is not taxable and there is no deduction at source, it is not obligatory on the part of the employer to issue Form 16.

Regards,
Kamal

If your Annual CTC is less than 2.5 lakhs, then you are not taxable, and the company can give you a Form 16 with NIL Tax. If your Annual CTC is more, then check your payslips to see if any TDS has been deducted on a monthly basis. If the company has deducted TDS, they have to pay the tax to the government on your behalf, file it, and issue Form 16.

Since you have already left the company and if your salary does not come under taxable income, the company may not give you Form 16. As stated by Mr. Kamal and Mr. Dhingra, it is not obligatory to provide you with Form 16. Therefore, I would request you to kindly approach a CA and file the Income Tax return based on your salary slip. The acknowledgment of the IT Return filing is more or less equivalent to Form 16.

Thanks & Regards,
Saji