Filing Tax Returns Without Form 16: What to Do When Your Employer Delays Payment?

Dear Seniors, I am requesting you to share your views on the query below or direct me to any discussion thread which answers these queries. I couldn't find this query discussed in detail on this forum.

Filing Returns Without Form 16

Today is 26th July 2013, precisely 6 days away from the last day of filing returns. My organization is undergoing some financial crisis and is delaying issuing Form 16. I understand that Form 16 should be issued before 31st May of that financial year. I visited www.tdscpc.gov.in to check Form 26AS and could see that my organization has only paid 40% of the total deducted tax to the government. I understand that paying tax is the employer's responsibility, and they would be penalized for the delay.

Please let me know if I can go ahead and file returns without Form 16 (I know my tax liabilities). Will there be any issues in the future in case the employer doesn't pay tax?

Thanking you in advance.
Regards,

Things have gotten worse. I have been informed that Form 16 will be given in the third week of August. I haven't seen such a situation in my eight years of service. Any guidance would be appreciated.

Thanks.

Employer's Responsibility for Tax Remittance

If the employer does not remit the tax deducted from your salary and you file your return, there is a high likelihood that the income tax department will send you a notice asking you to remit the tax (which has not been remitted by your employer) on your salary.