Hi All Can employer stop FORM-16 of an employee who has not paid back his full N final amount (In case of recovery) to the employer? Please clarify Regards, Ashish
From India, Delhi
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4From India, Delhi
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dear legally employer can not hold form 16 and you can file a complaint to income tax commissioner. regards js malik
From India, Delhi
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From India, Delhi
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Dear outlook, As malikjs said employer can not hold form 16 of employee. It is responsiblity of employer to give Form 16 to employee when asked? None compliance of this will case legal issue.
From India, Hyderabad
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From India, Hyderabad
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Dear Regional Income Tax Commissioner/Officer,
I am writing to inform you that I have been unable to file my tax return this year. The reason for this is that my employer has refused to provide me with Form-16, which is necessary for the filing process. I have made several attempts to obtain this document from them, but have been unsuccessful thus far.
I kindly request your assistance in resolving this matter promptly, as the tax filing deadline is approaching. I have also copied my employer on this letter to bring their attention to the situation.
Thank you for your attention to this matter. I trust that once the necessary documentation is provided, things will fall into place automatically.
Sincerely
From India, Madras
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I am writing to inform you that I have been unable to file my tax return this year. The reason for this is that my employer has refused to provide me with Form-16, which is necessary for the filing process. I have made several attempts to obtain this document from them, but have been unsuccessful thus far.
I kindly request your assistance in resolving this matter promptly, as the tax filing deadline is approaching. I have also copied my employer on this letter to bring their attention to the situation.
Thank you for your attention to this matter. I trust that once the necessary documentation is provided, things will fall into place automatically.
Sincerely
From India, Madras
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Why all against Employer? It is fine that legally employer can not hold Form-16 but employee is also responsible for full & Final settlement before leaving. Thanks Jony_M
From India, New Delhi
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From India, New Delhi
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Dear Sir,
The employer receives adequate time (even if it is short notice) to prepare and present final settlement dues details to the employee. However, the staff concerned are simply not bothered to do their homework and place the employee in an awkward position.
Thanks,
C V Brid
From India, Mumbai
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The employer receives adequate time (even if it is short notice) to prepare and present final settlement dues details to the employee. However, the staff concerned are simply not bothered to do their homework and place the employee in an awkward position.
Thanks,
C V Brid
From India, Mumbai
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Dear All,
The employer is bound by law to provide Form 16/Form 12BA to employees before 30th April of any year, irrespective of any dispute [s.192(2c)]. The failure to do so attracts a penalty u/s 272A(2)(i) of the Income Tax Act at Rs. 100/- for each day of delay.
This does not absolve the employee of the responsibility of filing a return based on the monthly payslips. They can simply record the facts with a Registered letter to the employer with a copy to the regional IT commissioner (receipt acknowledged) and observe the proceedings thereafter.
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The employer is bound by law to provide Form 16/Form 12BA to employees before 30th April of any year, irrespective of any dispute [s.192(2c)]. The failure to do so attracts a penalty u/s 272A(2)(i) of the Income Tax Act at Rs. 100/- for each day of delay.
This does not absolve the employee of the responsibility of filing a return based on the monthly payslips. They can simply record the facts with a Registered letter to the employer with a copy to the regional IT commissioner (receipt acknowledged) and observe the proceedings thereafter.
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FULL & FINAL SETTLEMENT FORM.doc