Answer

ITR

Penalty for not issuing Form 16 or 16A in time

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Deductor: download certificates from TRACES after the statement is processed
    2. Issue Form 16 by 15 June and Form 16A within 15 days of the statement due date
    3. Employee: if late, file using Form 26AS and AIS
    4. Keep a record of issue dates

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TDS default, Sec 200A / 201 (now 399 / 398)

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