ITR
Old employer did not give Form 16
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Facts
Employers must issue Form 16 for tax deducted. If you do not get it, you can file using payslips, the full and final settlement, and the TDS shown in Form 26AS and AIS.
Provisions and law
- Sec 203, Income-tax Act 1961 (now Sec 395(4))An employer must issue a TDS certificate (Form 16) for tax deducted from salary.
- Sec 272A(2)(g), Income-tax Act 1961 (now Sec 465(2)(g))Penalty of ₹100 a day on an employer that fails to issue a TDS certificate.
Analysis
Add up gross salary from payslips for the months worked, including the final settlement. Use TDS from 26AS as your credit. Keep asking the employer in writing; it faces a penalty for not issuing Form 16. Your return is valid without Form 16 if figures are correct.
Conclusion
- Collect all payslips and the F&F statement.
- Download 26AS and AIS for TDS and salary data.
- Compute gross salary and exemptions.
- File the return with these figures.
- Keep a written trail of requests to the employer.
A Savvy can do this for you
Return after a job switch with two or more Form 16s
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