Dear All Seniors, Can employer hold Form 16 of absconding employee till recover Notice Pay. Kindly guide on this please.
From India, Mumbai
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
No, it is not allowed. The employee can complain to the ITO who will take action against you.
Today, Form 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 find it in 26AS would be if it was not paid by the company to the government or if the TDS returns are not filed. Both are serious offenses that may involve prison terms.
From India, Mumbai
Acknowledge(2)Amend(0)
2508Today, Form 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 find it in 26AS would be if it was not paid by the company to the government or if the TDS returns are not filed. Both are serious offenses that may involve prison terms.
From India, Mumbai
Acknowledge(2)Amend(0)
Regardless of whether an employee is present or absent, the employer cannot withhold Form 16 for any reason. They are obligated to issue Form 16 by the 31st of May of the financial year following the year in which tax was deducted from the employee's salary. Failure to do so will result in the employer being liable to pay a penalty of Rs. 100 per day to the IT Department for each day of default. If necessary, you may lodge a complaint with the relevant Assessing Officer at the IT Department.
From India, Delhi
Acknowledge(2)Amend(0)
From India, Delhi
Acknowledge(2)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employee Appraisal Form new.doc
Form 16.xls