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Jay Garg (Surgeon)     20 November 2012

Regarding form-16

Pl help.................I had been working in a hospital since dec 2011 and was drawing 60000/- salary. After deduction of TDS, I got 54000/- per month in my bank account. Now i left my job in September2012. I filed my ITR after getting form 16 from employer (for the assessment year 2012-13) . Now the problem is that my past employer is not happy with my quit and neither he gave me my experience letter nor form 16. From april 2012 to Aug 2012, he deducted 6000/ INR every month that is total 25000/INR he deducted from my salary. How can i force him to give my form 16? Whether this form can be given before the end of financial year or it is given only after the March 31. Kindly suggest me.


 1 Replies

Kumar Doab (FIN)     20 November 2012

Form 16 is issued by employer to employee at the end of the year or on separation.

Employee should demand Form 16 in writing under proper acknowledgment preferably by letter addressed to the good offices of Appointing Authority, MD, Chairman, and Company Secretary with a copy to the company personnel empowered to sign the form 16 who may be Manager-Finance, and issue reminders. Employee should mention that on dated…….Mr/Ms……..designation/dept/address refused to issue and supply Form 16/service certificate/FNF statement  and demand relief and documents by redg. post only and may mention that postage prepaid { as purchased from PO} self addressed envelope is enclosed for sending the redg. post by company to employer.

Thereafter employee can lodge complaint with o/o IT Commissioner where he/she files return and jurisdictional CIT-TDS {under acknowledgment} where company files its return, and peruse thru RTI, for results and reply in writing. There are provisions for penalty to employer up to amounts Rs…./day { 100/day} to the extent of Rs….{TDS}.

Company must have exhibited TDS in your salary slip. If employer has not been issuing salary slip also it is another unfair/illegal/unlawful practice. Employer must provide salary slip and employee and employer should sign. Hospitals are covered under SE Act of the state.

The authority is usually ALC and employee can approach the authority.


Form 16A is to be generated by company on quarterly basis and given to NSDL site.

It is felt that employee after registering can access Form 16 along with Form 16A from NSDL site at option TDS certificate.

For work experience/service certificate, relieving letter employee should write to good offices under acknowledgment and issue reminders.

In case of no relief employee can approach a competent and experienced labor consultant/service lawyer and legal notice may fetch results. Or employee can approach o/o Labor Commissioner, civil court as per explanation of employee under various enactments.


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