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Where you lunch Complaint if TDS Deductor not issue TDS Certificate (Form 16) as per Income Tax Act, 1961.

Dear visitors, on the post "Is there any provision to punish the Tax Deductor when will not issue TDS certificate (Form 16/16A) within time as per Income Tax Act, 1961." of this blog Mr. Pranab Banerjee comment that where I launch the complaint if TDS Deductor not issue TDS Certificate (Form 16) what will do taxpayee.

Mr. Pranab Banerjee comments that If any employer could not given the Form 16 to their employee, then what will be the Tax Payee and how & where he can complain for non-submit the Form 16. The Form 16 is unique as well as the Tax Return who's Tax Liability below 5,000/-, even the many Tax Payee have not got their Form 16 from their employer and they suffer for taken loan from Bank. How to solve this problem. As per the Tax law it is found the Deductor or Employer can be punished for non submission of Form 16 to their employee @ 100/- P.M. But many of employer ignore to disposed off the Form 16 in due time. Please give some details about how and where the Tax payee can claim the form 16, if the Employer refused to give the Form 16.

Our opinion:
Write a letter to the Deductor incorporating:
  • The details of payments done to you and the tax deducted there from.
  • Provision of Section 203 which requires the Deductor for issue of tax certificate within one month from the date of tax deduction.
  • Keep the proof of letter issued to the Deductor
If despite this, the certificate is not issued, write a letter to Joint Commissioner or Addl. CIT of TDS wing who has jurisdiction over the Deductor mentioning the detailed facts elaborated above.

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