Issue of rectified Form 16 to an employee
p k kapoor
(Querist) 25 October 2010
This query is : Resolved
Form 16 as required under the rules was issued to all employee on 30-04-2010 for FY 2009-10. However, in October 2010, one employee has pointed out that PAN has been incorrectly mentioned in the FORM 16.
My query is
(i) Can I issue a fresh Form 16 after necessary correction in PAN by mentioning today's date i.e 25-10-100.
(ii)OR should the employee be asked to return the old FORM 16 issued in April 2010 and a rectified FORM 16 may be issued now.
Thanks in Advance!
adv. rajeev ( rajoo )
(Expert) 25 October 2010
If already IT return is filed then you can't do so. If employee produced the xerox copy of the PAN card to the IT department they will rectify it in their records.
R.Ramachandran
(Expert) 25 October 2010
The following could be various situations:
(1) Wrong PAN number is indicated in Form-16 as also TDS remittance made to the Income Tax Department.
Here revised TDS return has to be filed with Income-Tax Department. Fresh Form-16 to be issued to the employee after taking back the Form-16 issued earlier. The date can be latest date of issue - it will not pose any problem.
However, if the employee has already filed the copy of the Form-16 to the Income Tax Department, then an application has tobe filed to the Department withdrawing the Form-16 with an undertaking to file a fresh Form-16.
(2) PAN number shown wrongly only in Form-16 but correctly shown in TDS remittance to the Department. In this case, the fresh Certificate can be issued (date will not matter - it can either be old date or fresh date - since it is a matter between the employee and the employee).
However, if the employee has already filed the copy of the Form-16 to the Income Tax Department, then an application has tobe filed to the Department withdrawing the Form-16 with an undertaking to file a fresh Form-16.
Mukund Kumar
(Expert) 25 October 2010
Sorry, The TDS certifiacte do not attach with Income tax return Form ITR-1(SALARL-II) only mentained TAN Name and address and Amount of Salary, deduction Chap VIA in above form if you mentained correct PAN of that employee in TDS return, Only rectify the PAN on aforsaid form 16.
R.Ramachandran
(Expert) 26 October 2010
Dear Mukund,
You are right that the TDS certificate is not required to be attached as per law.
However, there are internal instructions to the Departmental Authorities to insist for the production of not only original TDS certificate, but also the Original Challans of Advance Tax Deposits, before granting any refund. There are also people who first file photocopy of the TDS certificate (Form-16) and then produce the originals.
Mukund Kumar
(Expert) 26 October 2010
Dear Sir
you are right but on the time of refund department search your tax credit on his own site by your PAN if your PAN and tax credit is correctly mentained by deductor in his TDS return the the amount of tax deducted is shown on departmental site then TDS certificate is not neccessory for refund or adjustment. If Your tax credit is shown on his site then can't refund as per TDS certifiacte they correct tax credit u/s 154 and correct the tax credited of your PAN on his own site.
R.Ramachandran
(Expert) 26 October 2010
Dear Mukund,
Law position is different and practicality on the ground is completely different.
I have my own real experience. Therefore you stick to your gun based on pure law, and let me stick to mine based on practical aspect. Both are right in our perspective.
soumitra basu
(Expert) 31 October 2010
I agree with Mr. Mukund.
There is a CBDT Circular that no papers should be received along with ITR.
Based on my practical experience, I may express that theoritically and practically in both ways Mr. Mukund is correct.
pawan sharma
(Expert) 02 November 2010
I agree with Mr.Mukund
