Struggling to Get Form-16 from My Previous MNC Employer – Should I Consider Legal Action?

Hi,

I worked for a top MNC for 3 and a half years. After leaving the company, I requested a form-16 for the year when I joined. I emailed their exit help desk and spoke with them multiple times, but I have not received a positive response. Therefore, I am considering legal action. Can anyone help me with this matter?

Issuing TDS Certificates: Employer's Responsibility

The Income Tax Act instructs that employers should issue the TDS certificate on or before June 15 every year, right after the financial year ends when tax deduction happens. Failing to issue Form 16 to employees after TDS has been made can result in consequences where the employer will possibly face a penalty of Rs 100 every day until the certificate is issued.

Steps to Take if Form 16 is Not Issued

Probably, you can complain to your tax assessing officer that the company where you worked and TDS was deducted is not issuing Form 16.

Most of the data appearing in Form No. 16 is reflected in Form No. 26AS. Why can't you use this data from the Income Tax website against your PAN number? This is sufficient for filing IT returns.

For what purpose would you require Form No. 16 apart from the above?

For filing IT returns, you have to upload Part B of Form 16, which indicates salary and deductions under Section 80C, etc. Form 16 is required to file IT returns correctly. Employers are mandated to provide Form 16, and they need to comply with the IT Act.