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No Form 16? Here's help

Relax With Tax | December 21, 2005

You have a question about house rent allowance, medical allowance, or even a general tax query.

Here's where we step in with our experts, Relax With Tax.

Got a question for Relax With Tax? Please write to us!  

ImageI  was a salaried employer with a German firm at Bangalore from June 2004 to February 2005.

For the last six months, I have been writing to the company to obtain my Form 16. But to no avail. At the same time, the company has failed to clear my dues.

How must I file my returns in the absence of Form 16? What action can I take if the company refuses to hand it over to me?

- Sanjay Bhardwaj

The details provided by you seem to be incomplete.

In case the company has deducted any tax from your salary, it would need to provide you with Form 16.

If there has been no tax deduction, they should issue some kind of documentary evidence so as to enable your current employer to incorporate the previous employer's income in the new Form 16.

In any case, you could possibly try and provide the salary pay-slips to your new employer. They may accept it as an acceptable document for income inclusion.

In the absence of the true reasons for your leaving, if your separation is non-controversial and with clear cut documentation, you could write to the Income tax Public Relations Officer and request him to issue a guidance letter as to how to file your returns and what documents to be submitted in absence of Form 16.

I was working with a multinational organisation during the financial year 2004-05. Now I have joined a business school in India. My employers are still in the process of sending me Form 16.

Till what date can I file my income tax returns for the past year?

- Sameer Hejib

The stipulated date for filing income tax returns is July 31. However, you can file your returns after that date and it would be treated as a belated return.

In case your entire tax liability has been taken care of by your earlier employer, there would be no penal interest levied. But if there is still some tax to be paid, then you would need to pay penal interest on this unpaid amount.

If you file the returns after March 31, 2006, then you may be liable to pay a penalty of Rs 5,000 in addition to penal interest payable (if any).

Got a question for Relax With Tax? Please write to us!

Note: Questions may be edited for brevity. Due to the tremendous response, all queries will not be answered.

Disclaimer: While efforts have been made to ensure the accuracy of the information provided in the content, rediff.com or the author shall not be held responsible for any loss caused to any person whatsoever who accesses or uses or is supplied with the content (consisting of articles and information).

Illustration: Dominic Xavier



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Number of User Comments: 5




Sub: Submitting Form 16

Dear Sir, I have changed my job in Financial Year 2005-06 Do I need to submit ORIGNAL Form 16(of previous employer) to new employer ?? ...


Posted by Atul Gandhi





Sub: Tax Query

Thanks for helping me with my tax query... Rediff should undertake more and more such advisory activities in the field of education, medical, education and ...


Posted by Sameer Hejib





Sub: no form 16

whether tax is deducted or not(at source) by your employer, if an employer refuses to issue form 16, employee can complain against the employer u/s ...


Posted by murali





Sub: Non-issue of Form 16 by ex-employer

Issue of Form-16 by an employer is obligatory on his part whether the separation was controversial or not. The Form-16 is essentially a document which ...


Posted by Shashank Shiromani





Sub: Clarification in Form-16.

Dear Sir/Ma'm, I am working for a company based at Hyderabad. Recently, I have changed the organization. My present pay is Rs. 25000 per month, ...


Posted by Pavan




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