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Anonymous
Dear All Seniors, Can employer hold Form 16 of absconding employee till recover Notice Pay. Kindly guide on this please.
From India, Mumbai
saswatabanerjee
2383

No. It is not allowed. The employee can complain to the ITO who will take action on you.
Today firm 16 does not matter. What matters more is that the amount appears in 26AS of the employee. Then he does not need form 16
The only way you won't get it in 26as would be if it was not paid by the company to the government or if the TDS return are not filed. Both are serious offence that may involve prison terms

From India, Mumbai
psdhingra
387

Irrespective of whether an employee is attending or absconding, the employer cannot withhold Form 16 on any ground, whatsoever be. He is obliged to issue Form 16 by 31st May of the Financial year following the year of deduction of tax from salary of an employee. Failing which the employer will be liable to pay penalty of Rs.100 per day to the IT Department for each day of default. You may complain to the concerned Assessing Officer if the IT Department.
From India, Delhi
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