Hi,
The company i was working with from apr 08 till 12th nov 08 has not given me form 16 stating that they want FNF from me and then they will release form 16.
However as per : -
Section 203 of the Income-tax Act - Tax deduction at source - Certificate for tax deduced - Issue of TDS Certificate in cases of Truck/Goods-carriage Operators
As per the provisions of section 203 of the Income-tax Act, read with rule 31 of Income-tax Rules, every person deducting tax in accordance with the provisions of the Act shall, within a period of one month from the end of the month during which the tax was deducted, furnish to the person from whose income/payment the tax has been deducted, a certificate to the effect that tax has been deducted, specifying the amount so deducted, the rate at which the tax has been deducted and such other particulars as have been prescribed.
It may be clarified in this regard that in case of any failure in timely issue of certificate or in case of issue of certificate in favour of any person other than the person from whose payment tax has been deducted at source, the provisions of section 272A (2)(g) shall be attracted, under which, penalty of one hundred rupees for every day during which the failure continues is leviable.
Section 272A
PENALTY FOR FAILURE TO ANSWER QUESTIONS, SIGN STATEMENTS, FURNISH INFORMATION, RETURNS OR STATEMENTS, ALLOW INSPECTIONS, ETC.
(g) To furnish a certificate as required by section 203 or section 206C; or
(h) To deduct and pay tax as required by sub-section (2) of section 226; he shall pay, by way of penalty, a sum one hundred rupees, for every day during which the failure continues :
Provided that the amount of penalty for failures in relation to a declaration mentioned in section 197A, a certificate as required by section 203 and returns under sections 206 and 206C shall not exceed the amount of tax deductible or collectible, as the case may be.
i have told HR there that ill pay it after 3-4 months as want to clear my dues. i advised them that need form 16 to file my taxes and need it as per its a legal document.
They have said that legally they have to give it but as per company policies they are holding it as per i have not paid them notice and full and final is not done with them.
they said they can file case too on me if i do it on them for getting form 16!!
Please advise how can i get my form 16???
Even they sent me computation sheet where they have charged me Rs. 250 for my access card and ID card. However i have a clearance form signed by admin reflecting that i have submitted it to them with admin guy aashish signatures.
That calculation is also wrong. screen shot is attached.
Regards,
Harsh
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