FORM 16 for the relevant assessment year is issued by the employer. Whenever TDS is deducted by employer, he is duty bound to issue FORM 16 to his employee.
Whenever employer deducts TDS, generally he issues FORM 16 by 15th of JUNE each year. This date may differ from employer to employer.
All the salaried class persons where employer-employee relationship exists are eligible to get FORM 16 from their employers whenever TDS is deducted by them.
Generally, FORM 16 is issued by the employer when he deducts TDS. However, in case where TDS is not deducted, the employer may not issue PART A of FORM 16.
The employer is duty bound to issue FORM 16 whenever TDS is deducted. But if he fails to do so, then he will have to pay a penalty of Rs. 100 per day till the date of issue of FORM 16. One can refer FORM 26AS downloadable from the Income tax department Website.
FORM 16 is issued u/s 203 of Income Tax Act when the TDS is deducted by employer from the income under head salary. Whereas FORM 16A is issued where TDS is deducted by any tax deductor from the income chargeable under the head other than salary.
In absence of FORM 16, one can file ITR by seeking details from the several documents related to income and expenses like FORM 26AS, pays lips, bank statements, TDS certificates issued by banks, Loan certificates etc.
Every person has to pay tax when the income earned in the relevant previous year exceeds the basic exemption limit when no TDS is deducted by the employer. You will have to pay self-assessed tax and file the return.
Yes, one can claim each and every eligible deduction as per the law which is not reflected in FORM 16 at the time of filing of ITR.
FORM 26AS which is available at department’s site provides details pertaining to TDS deducted on account of all heads of income while employer issues FORM 16 that provides TDS details regarding head salary only.
In this situation, the employee will get FORM 16 from his previous employer as well for the period of respective period of employment. The taxpayer must be careful while filing details in ITR as it is possible that both the employers must have taken consideration of basic exemption limit.
After filing ITR, you need to verify it within 120 days of filing it.
Generally, whatever is received by an employee from an employer in cash, kind or as perquisites is included in salary income.
It is issued as per the provisions of Rule 31(1).
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