In my previous job I used to get Form 16 only once in year after FY end in April or May On my present job some salaried contractual employees who left in Jan 21 are alleging that they could not pay advance tax on time on 15/31st March as we did not provide the Form 16 or Qly Form 16A in time Kindly clarify 1) Whether apart from form 16 which is issued on annual basis is it mandatory to issue Qly form 16/16A to such employees 2? Can they blame the employer after leaving job in Jan that advance tax could not be paid due to non provision of Qly tds Forms 16 or 16A in time Of course we shall be issuing Form 16 annual to them in April or May 21
1. Yes you are correct, Form 16 is issued annually to salaried employees. Form 16A is issued qtrly.
2. If they were salaried employees then no question of advance tax and Form 16A. If they were employed as non-salaried employees, Form 16A is applicable. Further, responsibility to pay advance tax is of taxpayer and employer can not be blamed for that.
For detailed and precise discussion, please take phone consultation.
Can you please quote the relevant sections according to which salaried emoloyees have to begiven Form16 annually once before 15th june
Quarterly TDS certificate is to be given if they are paid professional fees and not as salary. Salaried employees are issued annual Form 16.
They cannot hold the employer responsible for not being able to deposit the advance tax. Details of salary paid and TDS deducted can be viewed by them in 26AS for depositing advance tax.
Sharing the link of relevant rule
https://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?path=https://www.incometaxindia.gov.in/Rules/Income-Tax%20Rules/[deleted].htm&IsDlg=0
