My employer not issuing Form 16

Q & A ForumCategory: Tax PlanningMy employer not issuing Form 16
Shekar M asked 10 years ago
Hi Sree, I am a Pvt Sector employee. My employer is not updating Form 16 and they are not issuing Form 16. Inspite of requesting for last 7 months they are not issuing Form 16. Form16 has been given hand written . My Form 26AS is also not reflecting the details . Please help me.
2 Answers
Sreekanth Staff answered 10 years ago
Hi, If your employer is deducting TDS from your salary and depositing it to the central govt a.c then they have to issue you Form-16. The deposited TDS amounts have to get reflected in Form 26AS. As per Income Tax Act 1961, it is mandatory for every employer to issue Form 16 to the employees. The Act further stipulates that the employer should issue the forms by 31 May after the end of the relevant financial year in which the income was paid and tax deducted. If the forms are not issued within the stipulated time then the employer is liable to pay a penalty of Rs 100 per day. This penalty is levied till the time he issues the Form 16. Employees can approach the Assessing officer (AO), under whose jurisdiction she/he has to file the ITR, and give a written complaint against the defaulting employer. Based on the complaint, the AO may take appropriate action or initiate penalty proceedings against the employer.
Anubhav replied 9 years ago

Mr. Shreekanth,
Thanks for your reply.
Plz note that your reply is too generic and can be found on almost every website. Can you plz be more specific and help to confirm the exact IT office address & IO person details/name along with phone no. to register to complaint. E.G plz confirm the office address along with the IO details for Ward No. 72(2), AO Type W, Range Code 76, AO No. 2, Building No. Civic Center New Delhi.

Sreekanth Staff answered 9 years ago
Hi, You can get the required details by submitting your request through e-Nivaran portal.  
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