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kamalakannan A (Senior Software Engineer)     24 January 2011

Income tax late filing and Form16

Hi All,

I am software engineer, currently i am working one software company in Chennai at past 1 year. Before that i was working in Bangalore in one software company. I was only worked 9 months in that company, and i was not able to continue my work in that company, so i re-leaved from there. In that time they were not given my re-leaving order and form 16. 

But i paid my TDS in that company. Now i urgently required my FORM 16 for last year. My current company is able to give my FORM 16 only for Jan 2010 to Mar 2010 for last FY. How can i get my FORM 16 from the previous employer and file IT returns for FY 2009-2010 now. 

Please help me.

 

Thanks.

 

 



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 January 2011

Write a letter to the your old company to send the Form No:16, except this you have no other way to get it.
 

kamalakannan A (Senior Software Engineer)     24 January 2011

Thanks for you reply.

Is it possible to file my IT for the FY 2009 - 2010 now?

CA SANDEEP BANSAL (PARTNER)     24 January 2011

hi kamalakannan A

dear u must be having ur SALARY SLIP WITH U ..............U CAN VIEW UR TDS ONLINE AND CAN FILE THE RETURN ...........AND YES U CAN FILE UR RETURN FOR THE FY 2009-10 TILL MARCH 31ST 2011

sanjeev kumar goel (Advocate)     25 January 2011

Dear Kamalakannan A,

you had worked in two companies in the last financial year so you need two Form 16 from both the employers. The present employer had issued you Form 16 for the period of your service with him but for the previous employer you need seperate Form 16. So you write to them for issuance of Form 16 as its their legal obligation to issue you Form 16 and if they dont issue then you can serve them a legal notice and in the mean time if you have all of your salary slips and bank statements then you can prepare your income tax return and for details of TDS deducted by previous employer you can check it from income tax website in Form 26AS. But you should have Form 16 in your possession also.

For financial year 2009 - 2010, you can file your income tax return upto 31st March 2012 and not upto 31st March 2011 as mentioned by Mr. Sandeep Bansal. Upto 31st march 2011 you can file your return without imposition of penalty and after that upto 31st March 2012 a penalty of Rs. 5000/- may be imposed upon you if there is any tax liabilty outstanding only.

kamalakannan A (Senior Software Engineer)     25 January 2011

Hi Sanjeev and Sandeep... Thanks for your reply.

i will do the same..

Thanks one again.

radha (freelancer)     25 January 2011

You may send a detailed letter to the principle officer of your company i.e MD/CS/CEO/Chairman and HR Head nad the emloyee who signs on form 16 and despatches the same to all employees  and request their good office to supply the same by registred post so that you can file the return correct amounts and claim refund for correct amounts without error and since the TDS is done by employer you may reind that they are under obligation to supply it to you with details of deductions and detailks of challans vide which they have fulfilled their obligation and deposited it with the government as per law of the land.You can mention that penalty if any shall have to be borne by th employer.

You may mark a copy to the IT comissioner of your area and It inspector.

You can lodge a complaint on line with the concerned ministry also.

mathew vashum (doctor)     30 January 2011

Is it mandatory that  the original copy of form 16 should be submitted with every tax return.Moreover I have not filed my return for 2010-11,due to my own lapse but I have no due pending as all have been TDS. I feel that i could still file my return along with 2011-12 but any problem if i fille it now.How do I get my DIN.


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