Hi all, My situation is very different. I left my job in my previous organization on 27th January 2015. As the notice period was short, they have not paid me almost Rs. 68,000.00 and asked for an additional Rs. 29,000.00 for clearance. The details of the deductions and charges were not communicated to me, but I suspect they made a mistake by not deducting or charging income tax.
Traditionally, the hotel deducted income tax for the entire financial year from the salaries in January, February, and March. This has been the practice for years. However, since May, despite multiple emails and phone calls inquiring about the tax deduction, I have not received any response. Even when I contacted the corporate office, I did not get a reply. I clearly stated my need to secure a loan in the near future, but there was still no concrete response. Every time, they just mentioned they were looking into the matter.
Finally, I asked for my Form 16, but both the corporate office and the hotel unit did not respond. Now it's June 2015, and I need to file my tax return, but I have not received any information related to income tax.
It's crucial for me to secure a loan in the future. What steps should I take? Is it possible to file a return without Form 16?
Please advise.
Regards,
Patanjali
From India, Thane
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Traditionally, the hotel deducted income tax for the entire financial year from the salaries in January, February, and March. This has been the practice for years. However, since May, despite multiple emails and phone calls inquiring about the tax deduction, I have not received any response. Even when I contacted the corporate office, I did not get a reply. I clearly stated my need to secure a loan in the near future, but there was still no concrete response. Every time, they just mentioned they were looking into the matter.
Finally, I asked for my Form 16, but both the corporate office and the hotel unit did not respond. Now it's June 2015, and I need to file my tax return, but I have not received any information related to income tax.
It's crucial for me to secure a loan in the future. What steps should I take? Is it possible to file a return without Form 16?
Please advise.
Regards,
Patanjali
From India, Thane
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When an Employer Deducts TDS but Does Not Provide Form 16
In case an employer fails to provide you with a Form 16 after having deducted TDS, the minimum penalty that the employer will pay is Rs 100 for every day the default continues. You can write about this failure of your employer to the Assessing Officer, who may take action against the employer, including levying the penalty as mentioned above and also carrying out other proceedings against the employer as required.
I would advise you to check your Form 26AS by registering yourself at https://incometaxindiaefiling.gov.in...LoginHome.html. The tax deducted will be seen credited to your account, and if not seen here, it could mean the employer has not paid the tax to the income tax department.
From India, Pune
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3180In case an employer fails to provide you with a Form 16 after having deducted TDS, the minimum penalty that the employer will pay is Rs 100 for every day the default continues. You can write about this failure of your employer to the Assessing Officer, who may take action against the employer, including levying the penalty as mentioned above and also carrying out other proceedings against the employer as required.
I would advise you to check your Form 26AS by registering yourself at https://incometaxindiaefiling.gov.in...LoginHome.html. The tax deducted will be seen credited to your account, and if not seen here, it could mean the employer has not paid the tax to the income tax department.
From India, Pune
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If TDS has never been deducted, then Form 16 is not required to be issued.
Also, before posting a query in this forum, please check the really vast database for a similar query. It is bound to be posted and clarified by other members.
From India, Pune
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Also, before posting a query in this forum, please check the really vast database for a similar query. It is bound to be posted and clarified by other members.
From India, Pune
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Income tax and form 16.xls