Form 16
arpit mehta
(Querist) 06 January 2012
This query is : Resolved
FORM 16 IS A PUBLIC DOCUMENT OR PRIVATE DOCUMENT...REPLY WHERE IT IS WRITTEN THAT THE FORM IS PUBLIC OR PRIVATE DOCUMENT..THAKS FOR UR REPLY
Sankaranarayanan
(Expert) 06 January 2012
This form is come under income tax and it is issued by the employer to employee those whoes salary gone behind the tax exception limit and the calculated amount been detected from empployee's salary and paid as TDS to govt account and after the financial year they issued this form which have furnished all details salary and detected amount and remitted details
Sailesh Kumar Shah
(Expert) 07 January 2012
Form 16 is private document.
Nowhere provided in the form, to write Private/public.
Deepak Nair
(Expert) 07 January 2012
Agree with Mr.Shailesh.
arpit mehta
(Querist) 07 January 2012
can anybody issue the copy of form 16 of a govt employee rom income tax department...and shailesh ji is it writeen anywhere sirki form 16 is a private document..please reply and thnz 4 ur reply
arpit mehta
(Querist) 07 January 2012
sir i have this form but where it is specificaly written that it is a private document..
Sailesh Kumar Shah
(Expert) 07 January 2012
There is provision in the Form to mentioned "Private".
What is the main reason behind your query i.e. private???????
R.Ramachandran
(Expert) 07 January 2012
Dear Arpit,
What is your understanding of 'Public Document'.
Is the Form-A granted by your office is freely available to anybody to see in the public?
Does your office file that Form-16 in any public domain for the general public to view?
Everything need not be written in black and white. There are several things which can be proved by way of interpretation. If you know as to what is a public document, then you can easily infer what is a private document and vice versa.
Further more, please indicate what for you want to know this answer, so that one will be in a better position to explain to you.
soumitra basu
(Expert) 08 January 2012
It is a public document. It has been held in RTI case what is the compliance of law is a public document.
R.Ramachandran
(Expert) 08 January 2012
Dear Mr. Basu,
I disagree with you.
Can I, as a private person, legally accesss the Form-16 given to you by your employer?
If not, it is not a public document.
The "compliance of law is a public document" is totally in a different context. For instance, filing of Annual Balance Sheet etc. But the same would not apply to Income Tax Returns filed by me, though it is also in compliance of law.
Sailesh Kumar Shah
(Expert) 08 January 2012
I feel that both are right.
For Govt. Employee, there may be public document for getting information under the RTI Act.
@Mr.Basu
please post judgement.
R.Ramachandran
(Expert) 08 January 2012
Even for a govt. employee form-16 issued by the employer cannot in any manner be called a public document.
