Left Your Job Without Form 16? Here's How to Get It for Your Tax Returns

I was an employee in a small Pvt. Ltd. company (software company) from May 2010 to May 2013. I quit that job in May 2013, and the company deducted my TDS, but they didn't provide me with Form 16. Can anyone please tell me how I can obtain it to file my IT returns?

Some companies may take until the 3rd week of July to issue the Form 16. Additionally, if they have deducted the TDS but have not paid the same, it could lead to a non-bailable offense against the Director of the company. I believe that the concern you have will be resolved soon. 

Thank you.

Please ask your previous employer to issue you the said form, as it is their responsibility to provide it by 31.05.2013 for the FY 2012-2013. In your case, for April and May 2013, you will have to wait until next year, as Form 16 is issued for each financial year.

Alternatively, you can file your IT return based on the salary credited to your bank account. The TDS deducted from your salary will be reflected in Form No. 26AS of the department (subject to your employer depositing it with the government department). File your IT return within the due time limit. Nowadays, the IT department does not require any supporting documents with your IT return, so Form 16 is not needed.

Understanding Form 16 and Form 16A

If you are a salaried employee, you should ask for Form 16. If your income is other than salary, like a consultant, you should ask for Form 16A.

Filing Returns for FY 2012-2013

You seem to be filing your returns for FY 2012-2013, for which the last date will be 31-07-2013. It's the duty of your employer to issue you Form 16/16A before the stipulated month (much before your last date to file returns). If you don't receive your form, raise the issue with the concerned Income Tax Officer.

Filing ITR for Salaried and Non-Salaried Individuals

If you are a salaried employee, you need to file ITR 1, where you have to fill in the TDS deducted details and nothing more. For this, you might need Form 26AS. If you are non-salaried and filing your return as a professional, you file ITR 4, where you need Form 16A, which has a certificate number mentioned. This number needs to be mentioned in your return, whereas Form 16 doesn't have any certificate number.

So, I guess you can just fill the TDS details in your return even if you don't have Form 16 based on your Form 26AS.

Cheers!