My employer is not giving form 16

Unknown Person (Querist) 10 June 2012 This query is : Resolved
IN my last last organization, my Full TDS deducted for 2011-2012. I left that organization. When I ask to give form 16, they told me that they can not give form 16, they will give me CA number, to contact him and collect form 16 from there. Please guide me who will give form 16, what legal action I will take against them.

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C. P. CHUGH (Expert) 11 June 2012
Any Person responsible to deduct and deposit tax under the provisions of Chapter XVII B of the income tax Act is under obligation to issue form 16/16A/27D within the time prescribed and currently the time prescribed is :
In the case of Form 16 - within 15 days from the due date of submission of last quarterly statement in Form 24Q i.e. 15th May. Therefore he was obliged to issue you form 16 by 30th May 2012.. Failure to do so attract penalty of Rs. 100.00 per day of failure till such failure continues. You may file a petition to CIT (TDS) of the jurisdiction for issuance of direction to such employer to issue certificate.

He has no right to direct you to CA for issuance of Form 16.

Shonee Kapoor (Expert) 12 June 2012
Issue a notice first to the company to give you form 16.

Don't get into lengthy petitions.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com