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vaibhav (engineer)     07 December 2009

Form 16A issue

Dear Friends,

I worked for a company for 1 year i.e sept08-sept09, and there they were giving me fee as a salary and they deducted TDS from that fees. Now I require my TAX deduction details or Form 16A for ITR. But they are not repling and every time company HR says that she will send me in next month. Suggest me what should i do?

Do I file a case against them in labour court?



 6 Replies

Asha Pole (Legal)     07 December 2009

By now you should file your return for the period Sept 08 to March 09 with details available with you (since you have crossed the due date) .Further You should write a letter to your company ,requesting them to issue form 16A immediately otherwise you will report the matter to ITO tds under which company falls, since there is a penalty imposed on the company after 30th April 09 for the last F.Y. if form 16A is not issued to the employee.After this letter they will definitely issue you the form 16A. The other alternating which you can adopt is Form 26AS .After one time registration with TIN-fc you can check your tax deducted details as uploaded by your company. 
While Tds certificate for the period April 09 to Sept 09 may be issued by the end of the F.Y 09-10, so you may not insist for the same now.
1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 December 2009

The employer has committed a serious offence under IT Act in the given situation so warn such employer through a legal notice failing which write to the nearest Income Tax Officer and see the results.

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vaibhav (engineer)     07 December 2009

Dear Mr. Makkad,

Can you please tell me the procedure of filing a case in  this issue, because they are not repling on my mails. Should I send the notice through registerd post or normal courier?



vaibhav (engineer)     07 December 2009

Dear Asha,

Who will provide me Form 26AS. Please share some more details of this and also the procedure of filing a case against this.



Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 December 2009

Ntice through registered post should be sent. You make a simple represntation to Income Tax Officer of your area with full details of the employer, your service record, the correspondance etc. and your grouse. ITO shall then issue a show cause notice to such an employer and may impose penalties as provided in various sections of IT act.

Asha Pole (Legal)     08 December 2009

In order to get your details for form 26 AS. kindly follow the given instruction:

'Online Registration for viewing Form 26AS by PAN holder
Online Registration is a one time activity wherein, a PAN holder has to fill in & submit a Registration form online through this website. The detailed procedure is as mentioned below:
  1. Select 'registration' option from online services menu.
  2. After entering all the details (PAN, User ID, Password, Contact details if any etc), click on 'Submit'.
  3. On successful registration, an acknowledgement receipt will be displayed on screen.
  4. Save and print this acknowledgement receipt.
This registration request has to be authorised by a TIN-FC. Authorisation means verification of Identity of a PAN Holder for the purpose of viewing Annual Tax Statement.
For getting registration request authorised by a TIN FC, PAN holder may choose either to
  1. Personally visit the TIN FC of his choice or
  2. Select a TIN FC to visit the PAN Holder for personal verification.
    • In this case, select any TIN-FC from a list of TIN-FCs who offer this facility in the city provided in contact address.
    • Facility of selecting a TIN FC to visit can be availed of only in those locations where a TIN-FC is present.
    • In this option, the PAN holder will be prompted to enter his contact details in the fields provided on the online registration form.
In registration form, a PAN within 15 calendar days of registration, otherwise, the registration will cease to exist and PAN holder will have to register online again.'
Hopefully the above extract may help u.......................
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