ITR
Penalty for not issuing Form 16 or 16A in time
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Facts
Deductors must issue TDS certificates in time: Form 16 (now Form 130) by 15 June after the year, and Form 16A (now Form 131) within 15 days of the quarterly statement due date. Late issue can attract ₹100 a day under Sec 272A(2)(g) (now Sec 465(2)(g)), up to the TDS amount.
Provisions and law
- Sec 203, Income-tax Act 1961 (now Sec 395(4), Income-tax Act 2025)Deductor must issue a TDS certificate (Form 16 or 16A, now Form 130 or 131)
- Sec 272A(2)(g), Income-tax Act 1961 (now Sec 465(2)(g), Income-tax Act 2025)Penalty of ₹100 a day for failure to issue TDS certificates in time
Analysis
Certificates must be downloaded from TRACES, so they reflect what was reported. Example: an employer issues Form 16 for FY 2025-26 on 15 July 2026, 30 days late, so penalty exposure is ₹3,000 for that employee. As an employee, you can still file using Form 26AS (now Form 168) and AIS while you wait. As a deductor, download and issue certificates on time.
Conclusion
- Deductor: download certificates from TRACES after the statement is processed
- Issue Form 16 by 15 June and Form 16A within 15 days of the statement due date
- Employee: if late, file using Form 26AS and AIS
- Keep a record of issue dates
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TDS default, Sec 200A / 201 (now 399 / 398)
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