Rahul (Soft Dev) 28 December 2011

Refuse to issue form 16 by employer

Hi All,

My last employer refuse to issue a Form 16 certificate for the year 2010-11.
While working there they only deduct professional Tax from my salary.

I have all the valid release document and bank statement which reflect my salary.
But I need the document which also facilitates my Home loan document. Bank asking me Nil form 16 of
last year.
My employer said no tax deduction that's why we will not provide form 16. But last year they
fill Form 16 even collecte investment proof doucments also.
But i change my job and now work in different company. Now they try to avoid my Form 16 request. It's urgent please guide me.

Please advise what should I do now.

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1 Replies

Kumar Doab (FIN) 28 December 2011

Employer has deducted professional tax from salary.

Employer is duty bound to not only issue but supply you the form 16.

You may submit a written communication to the concerned HR personnel/HR Head and your appointing authority, MD and mention that on dated.............you have given representation to Mr/Ms.............and asked them to supply you form 16 and despite many representations the same is not being supplied to you. The good offices may supply you the same by registered/speed post and if the same is to be declined you may be appraised on the reason/logic in writing say within next 7 days. You may issue a reminder after 3-4 days. You may apply your reasoning, persuasion, persistence skills to resolve the matter amicably.

If your efforts do not fetch any relief to you, you can either issue legal notice, or represent to the o/o IT Commissioner/CIT-TDS, and raise RTI application to find the status of action taken on your representation.